What was Tenancy Tribunal case 5175252 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5175252?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,010.00 awarded to landlord

What type of tenancy dispute was case 5175252?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5175252?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12458701-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5175252 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5175252?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,010.00 awarded to landlord

What type of tenancy dispute was case 5175252?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5175252?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12458701-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5175252 — Rent arrears

Claims and awards in Tenancy Tribunal application 5175252 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13.3.25	$2,010.00	Rent arrears to 13.3.25
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Total payable by Tenant to Landlord	$27.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The Bond Centre is to pay the bond of $2,010.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Ratan Peruthagai and Abhinayaa Sree must pay [The landlord/s] $27.00 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing, which was conducted by telephone. This is the second hearing for this application, after the first hearing was adjourned part- heard.
The landlord has applied for rent arrears and payment from the bond following the end of the tenancy. The landlord no longer seeks the water rates.
The landlord gave notice of termination of the periodic tenancy to the tenants on 13 January 2025. The tenants emailed the landlord on 24 January 2025. This email is headed “Notice of intention to vacate and request for flexibility.” The tenants moved out on 21 February 2025.
The date the tenancy ended is disputed by both parties. The landlord considers that the tenancy ended on 13 March 2025 and seeks rent of $2,010.00. This is the amount of the bond. The tenants state the tenancy ended on 21 February 2025, but are prepared to accept 23 February 2025 as the ending of the tenancy. Both parties provided evidence and submissions in support.
The key issue to be determined in this application is when the tenancy came to an end. Legal framework
A periodic tenancy is a tenancy for an indefinite period until termination by notice is given under section 51 of the Residential Tenancies Act 1986 (the RTA).
In this case, the landlord gave a 90 day notice to end the tenancy. At the time notice was given, on 13 January 2025, the landlord was required to give reasons for termination. Depending on the circumstances, the notice period was either 90 days or 63 days. Following the amendment to the legislation, after 30 January 2025, no reasons are required where 90 days’ notice is given.
From 30 January 2025, under a periodic tenancy, a tenant is required to give 21 days’ notice to end the tenancy. 1 (This notice period was changed from the previous 28 days).
Section 51(3) sets out the requirements for every notice. It requires that the notice to terminate the tenancy is in writing, identify the premises to which it relates, and specify the date by which the tenant is to vacate the premises. If the landlord gives less than 90 days’ notice, the reasons for termination must be given, and it must be signed by the party giving the notice or by the party’s agent.
Section 51(4) further provides that no special form of words is required and the notice is not invalid for failure to comply strictly with section 51(3), so long as it is in writing, the intention to terminate the tenancy on a particular date or on expiry of a particular period is stated clearly in the notice, and any non-compliance does not mislead or affect unjustly the interests of the recipient. 1 Section 51(2A) of the RTA Analysis
In this case, the written notice given by the landlord refers to the tenancy being for a fixed term, which is incorrect. However, the notice identified the premises, provided the reason that 90 days’ notice was being given, and advised of the last day of the tenancy, being 15 April 2025. The reason given was that the premises was to be put on the market by the owner within 90 days after the termination date, for the purpose of sale or other disposition. The notice was also signed, and was delivered to the tenants via e-mail.
Furthermore, section 51(4) of the RTA provides that strict adherence to section 51(3) is not required, provided the key requirements are met. Noting that the intention to terminate on a particular date is clear, and the notice is in writing, it may be found that the landlord’s notice to end the tenancy was valid.
The tenants have provided evidence of the date they moved out of the premises, on 21 February 2025. However, while it is accepted that they removed their belongings from the premises on this date, the legislative requirement is that they must give 21 days’ notice to terminate the tenancy.
The tenants assert that the email dated 24 January 2025 ought to be regarded as a valid notice to end the tenancy. However, in this email, the tenants have advised the landlord that they intend to vacate the premises and were planning to provide their notice to terminate the tenancy soon. No termination date was advised in this email. There was also a request for flexibility to vacate earlier than 28 days.
The tenants rely on section 51(4) to argue that this email ought to be taken as a valid notice of termination. While section 51(4) states that no special form of words is required, the intention to terminate the tenancy on a particular date must be stated clearly. In this case, the tenants’ email does not specify a date by which they are to vacate the premises. This email indicates that the vacate date is to be advised at a future point in time.
It is for the tenants to give written notice and specify the date by which they are to vacate. At the hearing, the tenant stated that he was awaiting the landlord’s reply to his email of 24 January 2025. He accepted that he did not follow up with the landlord when he did not receive a reply. The fact that the landlord did not respond to the email does not then shift this responsibility. Nor does the landlord’s notice regarding an upcoming inspection.
The evidence shows that the landlord became aware that the tenants were terminating the tenancy around 21 February 2025, and received written advice from the tenants on 23 February 2025. The landlord’s rent summary shows rent was paid up to 20 February 2025. As the tenants are required to give 21 days’ notice, the landlord is entitled to the three weeks rent sought, which is covered by the bond. This is awarded to the landlord. Filing fee and name suppression
The tenants are to pay the landlord’s filing fee, since the landlord has been successful with the application.
The landlord’s request for name suppression is also granted, in view of the landlord being successful in the proceedings.

Claims and awards in Tenancy Tribunal application 5175252 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13.3.25	$2,010.00	Rent arrears to 13.3.25
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Total payable by Tenant to Landlord	$27.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The Bond Centre is to pay the bond of $2,010.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Ratan Peruthagai and Abhinayaa Sree must pay [The landlord/s] $27.00 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing, which was conducted by telephone. This is the second hearing for this application, after the first hearing was adjourned part- heard.
The landlord has applied for rent arrears and payment from the bond following the end of the tenancy. The landlord no longer seeks the water rates.
The landlord gave notice of termination of the periodic tenancy to the tenants on 13 January 2025. The tenants emailed the landlord on 24 January 2025. This email is headed “Notice of intention to vacate and request for flexibility.” The tenants moved out on 21 February 2025.
The date the tenancy ended is disputed by both parties. The landlord considers that the tenancy ended on 13 March 2025 and seeks rent of $2,010.00. This is the amount of the bond. The tenants state the tenancy ended on 21 February 2025, but are prepared to accept 23 February 2025 as the ending of the tenancy. Both parties provided evidence and submissions in support.
The key issue to be determined in this application is when the tenancy came to an end. Legal framework
A periodic tenancy is a tenancy for an indefinite period until termination by notice is given under section 51 of the Residential Tenancies Act 1986 (the RTA).
In this case, the landlord gave a 90 day notice to end the tenancy. At the time notice was given, on 13 January 2025, the landlord was required to give reasons for termination. Depending on the circumstances, the notice period was either 90 days or 63 days. Following the amendment to the legislation, after 30 January 2025, no reasons are required where 90 days’ notice is given.
From 30 January 2025, under a periodic tenancy, a tenant is required to give 21 days’ notice to end the tenancy. 1 (This notice period was changed from the previous 28 days).
Section 51(3) sets out the requirements for every notice. It requires that the notice to terminate the tenancy is in writing, identify the premises to which it relates, and specify the date by which the tenant is to vacate the premises. If the landlord gives less than 90 days’ notice, the reasons for termination must be given, and it must be signed by the party giving the notice or by the party’s agent.
Section 51(4) further provides that no special form of words is required and the notice is not invalid for failure to comply strictly with section 51(3), so long as it is in writing, the intention to terminate the tenancy on a particular date or on expiry of a particular period is stated clearly in the notice, and any non-compliance does not mislead or affect unjustly the interests of the recipient. 1 Section 51(2A) of the RTA Analysis
In this case, the written notice given by the landlord refers to the tenancy being for a fixed term, which is incorrect. However, the notice identified the premises, provided the reason that 90 days’ notice was being given, and advised of the last day of the tenancy, being 15 April 2025. The reason given was that the premises was to be put on the market by the owner within 90 days after the termination date, for the purpose of sale or other disposition. The notice was also signed, and was delivered to the tenants via e-mail.
Furthermore, section 51(4) of the RTA provides that strict adherence to section 51(3) is not required, provided the key requirements are met. Noting that the intention to terminate on a particular date is clear, and the notice is in writing, it may be found that the landlord’s notice to end the tenancy was valid.
The tenants have provided evidence of the date they moved out of the premises, on 21 February 2025. However, while it is accepted that they removed their belongings from the premises on this date, the legislative requirement is that they must give 21 days’ notice to terminate the tenancy.
The tenants assert that the email dated 24 January 2025 ought to be regarded as a valid notice to end the tenancy. However, in this email, the tenants have advised the landlord that they intend to vacate the premises and were planning to provide their notice to terminate the tenancy soon. No termination date was advised in this email. There was also a request for flexibility to vacate earlier than 28 days.
The tenants rely on section 51(4) to argue that this email ought to be taken as a valid notice of termination. While section 51(4) states that no special form of words is required, the intention to terminate the tenancy on a particular date must be stated clearly. In this case, the tenants’ email does not specify a date by which they are to vacate the premises. This email indicates that the vacate date is to be advised at a future point in time.
It is for the tenants to give written notice and specify the date by which they are to vacate. At the hearing, the tenant stated that he was awaiting the landlord’s reply to his email of 24 January 2025. He accepted that he did not follow up with the landlord when he did not receive a reply. The fact that the landlord did not respond to the email does not then shift this responsibility. Nor does the landlord’s notice regarding an upcoming inspection.
The evidence shows that the landlord became aware that the tenants were terminating the tenancy around 21 February 2025, and received written advice from the tenants on 23 February 2025. The landlord’s rent summary shows rent was paid up to 20 February 2025. As the tenants are required to give 21 days’ notice, the landlord is entitled to the three weeks rent sought, which is covered by the bond. This is awarded to the landlord. Filing fee and name suppression
The tenants are to pay the landlord’s filing fee, since the landlord has been successful with the application.
The landlord’s request for name suppression is also granted, in view of the landlord being successful in the proceedings.

Tenancy Tribunal case 5175252 — Rent arrears

At a glance

Tenancy Tribunal case 5175252 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions