What was Tenancy Tribunal case 5183574 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 5183574?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5183574?

The primary dispute was Harassment. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5183574?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12171095-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5183574 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 5183574?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5183574?

The primary dispute was Harassment. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5183574?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12171095-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5183574 — Harassment

Tenantcheck Insights

Reasons

The tenant and the landlord both attended the hearing.

The tenant seeks exemplary damages as he believes the landlord’s notice to terminate his tenancy is retaliatory. Background

The tenancy commenced on 26 July 2023. The tenancy premises was newly built and is one of eight units which are all owned and tenanted by Kāinga Ora.

Soon after the tenancy commenced the tenant raised concerns about the behaviour of the tenant in an adjoining unit. The neighbour and other tenants in the same complex suffered from poor mental health.

The neighbour’s behaviour, which included screaming and shouting, playing loud music at various times during the day and night, as well as threatening and abusing the tenant, continued. The tenant made a number of calls and written complaints to the landlord that he was constantly being disturbed by the neighbour, was suffering from sleepless nights and felt stressed by and fearful of the neighbour. The neighbour’s behaviour was having an effect on his health and breaching his right to quiet enjoyment. In addition, another tenant in the complex became increasingly noisy at around 2-3am for a period of time.

The tenant made an application to the Tenancy Tribunal on the basis that the landlord was not taking all reasonable steps to ensure his quiet enjoyment was not interfered with by the neighbouring tenant. The matter was resolved through mediation.

Meanwhile the landlord had raised whether the tenant wanted the landlord to consider relocating him. At first the tenant did not want to be relocated to another property but reconsidered and agreed to look at alternative tenancy premises. The tenant looked at a number of properties over several months but rejected each proposed property for varying reasons.

On 23 October 2024 the landlord commenced the process of issuing the tenant with a section 53B notice under the Residential Tenancies Act 1986 (RTA).

Section 53B provides that the landlord of a periodic tenancy may terminate the tenancy by giving at last 90 days’ notice as long as: a) the tenancy was granted as a social housing tenancy; b) the social housing provider requires the tenant to transfer to different social housing provided by that provider, and the provider considers the transfer is necessary or desirable for any reason and the other housing is appropriate for the tenant’s housing needs as most recently assessed.

On 22 November 2024 the landlord delivered the notice terminating the tenant’s tenancy under section 53B and advising the address of the property offered as his new tenancy.

The tenant did not want to be relocated but ended up moving to the property that the landlord had offered.

The tenant then filed his application for exemplary damages claiming the section 53B notice was retaliatory and given as a result of his complaints about the neighbour’s behaviours. Is the landlord’s notice to terminate retaliatory?

Under s 54, RTA a tenant may apply to the Tribunal for an order declaring that a termination notice, being a notice that complies with the requirements of s 51, was retaliatory on the grounds that the landlord was motivated wholly or partly by the tenant exercising or proposing to exercise, any right, power authority, or remedy they have under the RTA. If a notice is declared to be retaliatory, the giving of the notice is an unlawful act and exemplary damages to a maximum of $6,500.00 may be awarded.

However, a notice terminating a tenancy under section 53B, such is the case here, cannot be considered to be a retaliatory notice under section 54 as it is not a notice that complies with the requirements of section 51.

Section 51 sets out when a periodic tenancy may be terminated. At the time the tenant was given the notice, section 51 specified the circumstances when the landlord could terminate a periodic tenancy 1 . The circumstances did not include the ability for a social housing provider to terminate a tenancy on the basis it requires the tenant to transfer to a different property based on their last assessment. The ability to terminate on those grounds is set out in section 53B.

That is, section 53B stands independently from the notice requirements to terminate a periodic tenancy under section 51. As a termination notice under section 53B is not within the section 51 requirements it does not meet the criteria required under section 54 and therefore is not open to the Tribunal to consider whether it is retaliatory.

For that reason the tenant’s application is dismissed.

For clarity I did not realise a retaliatory application could not be considered for a 53B termination when hearing the matter. Had I done so I would have raised this with the parties at that point. Other matters

The tenant has made an application to suppress his name. While the tenant has not been successful in his claim I order such suppression. I do not consider publication of his name is in the public interest or justified for any other reason.

Reasons

The tenant and the landlord both attended the hearing.

The tenant seeks exemplary damages as he believes the landlord’s notice to terminate his tenancy is retaliatory. Background

The tenancy commenced on 26 July 2023. The tenancy premises was newly built and is one of eight units which are all owned and tenanted by Kāinga Ora.

On 23 October 2024 the landlord commenced the process of issuing the tenant with a section 53B notice under the Residential Tenancies Act 1986 (RTA).

On 22 November 2024 the landlord delivered the notice terminating the tenant’s tenancy under section 53B and advising the address of the property offered as his new tenancy.

The tenant did not want to be relocated but ended up moving to the property that the landlord had offered.

For that reason the tenant’s application is dismissed.

Tenancy Tribunal case 5183574 — Harassment

At a glance

Tenancy Tribunal case 5183574 — Harassment

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions