What was Tenancy Tribunal case 5223676 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 5223676?

Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5223676?

The dispute type was not classified.

Where can I read the official tribunal order for case 5223676?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11843647-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5223676 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 5223676?

Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5223676?

The dispute type was not classified.

Where can I read the official tribunal order for case 5223676?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11843647-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5223676 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 5223676 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Bond	$2,800.00
Total payable by Landlord to Tenant	$27.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants names and identifying details.
The Bond Centre is to pay the bond of $2,800.00 ([Bond number suppressed]) to [The tenants] immediately.
Property Management Specialists Limited As Agent For Sensibull Trust must pay [The tenants] $27.00 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The tenants applied for refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Did the tenant give lawful notice ending the fixed term tenancy?

A fixed-term tenancy only lasts for the set amount of time stated in the tenancy agreement. It can be renewed or extended only if both the landlord and tenant agree.
Fixed-term tenancies automatically become periodic when the fixed-term ends unless one party gives proper written notice to the other party informing that party that they do not intend to continue with the tenancy after the expiry date. If neither party give notice no later than 21 days before the expiry date then the tenancy automatically becomes a periodic tenancy.
This tenancy commenced on 20 March 2024 and was due to expire on 19 March 2025.
It is not disputed that the tenants did not intend to continue renting the premise. What is in dispute is whether the tenants gave proper written notice, no less than 21 days before the fixed term tenancy was due to expire on 19 March 2025, being on or by 26 February 2025.
The tenants produced an email dated 19 February 2025 that they confirm was emailed to the landlord’s address for service email noted in the tenancy agreement. This notice says: “Hi Sarah, Good morning, I would like to inform you that I am happy to take one bedroom unit at 34 Cheviot Street from 18 th March. I also like to inform you that I will leave current unit at end of my lease agreement on 19 th March. Regards”
The landlord claims she did not receive this email. Additionally, she says that this notice does not meet the statutory requirements to be considered proper notice.
Section 51(3) of the Residential Tenancies Act 1986 (“RTA”) states that every notice to terminate a tenancy shall— (a) be in writing; and (b) identify the premises to which it relates; and (c) specify the date by which the tenant is to vacate the premises; and (ca) if the landlord gives less than 90 days’ notice, set out the reasons for the termination; and (d) be signed by the party giving the notice, or by that party’s agent.
I do not agree that the tenants 19 February 2025 email notice does not meet the statutory requirements to be considered proper notice for the following reasons: a. The email constitutes written notice; b. It was sent to the landlord’s email address for service as recorded in the tenancy agreement; c. It does identify the premise to which the notice relates. Even though it does not specify the exact address, it states “I also like to inform you that I will leave current unit at end of my lease agreement on 19th March”. The words “current unit” and “end of my lease agreement on 19 March” clearly identify the premise the notice relates to; d. It specifies the date by which the tenant is to vacate the premises, being 19 th March 2025; e. It comes from the tenants’ email address, which is an address for service recorded on the tenancy agreement. Email is an accepted method for delivering written notice, if it is provided for in the tenancy agreement. The email has a photograph of the male tenant on, even though it does not contain any form of electronic signature.
Even if I accept that the landlord did not receive the 19 February 2025 notice, or that the lack of signature invalidates the 19 February 2025 email notice, the tenant sent a text message to the landlord on 25 February 2025 that confirms the tenants intend to “...leave the current place anyways I have temporary accommodation at friends place”. After receiving this information, the landlord did nothing to follow up with the tenants to confirm what they meant by these words or to confirm when they were intending to leave the premise and to reiterate her prior instructions to them that they needed to give formal written notice to the property manager at the email address for service recorded in the tenancy agreement. The property manager says the wording in this text is not clear to her and does not meet the statutory requirement to be accepted as proper notice. Had she enquired further, instead of replying “ok no problem”, the tenants still had time to provide further written notice to her and still be within the statutorily required 21 days’ notice period. They would have also had the opportunity to inform her they had provided written notice on 19 February 2025. Instead, the property manager indicated that the tenants leaving the premise at the end of the fixed term to stay with a friend until they found new accommodation was ok, and she had accepted it.
The parties confirmed that they had been having discussions since December 2024 about the tenants not wanting to renew the fixed term tenancy after 19 March 2025 and that they were looking for another one-bedroom place at Jacks Point to move to. The property manager confirmed she knew that the tenants were looking for new accommodation and that she had been helping them to find new accommodation. She says that she thought the tenants would stay at the rental premise until they found new accommodation and would give her 21 days written notice at that time.
The property manager says she was surprised to receive an email from the tenants on 17 March 2025 enquiring about the process for returning the keys on 18 March 2025. The landlord’s email reply stated “Thanks for giving me 21 days’ notice”. The tenants say this confused them as they had already provided written notice to the same email address on 19 February 2025.
The tenants provided proof to the Tribunal they had sent the 19 February 2025 email notice terminating the tenancy and have paid their rent to 19 March 2025. The tenants say it appears the landlord may have overlooked their initial termination notice and assumed the key return enquiry was their formal written notice.
At the hearing today, the landlord initially stated she had not received the notice of hearing from Tenancy Services. Our records clearly showed that notice was sent on 5 May 2025. Eventually, the property manager found the notice of hearing, but had clearly overlooked it. I find that it is more likely than not that the property manager also overlooked the tenants 19 February 2025 email notice terminating their tenancy at the end of the fixed term period.
I am satisfied that the tenants gave notice terminating their tenancy in accordance with s51(3) of the RTA and that the lack of electronic signature does not invalidate this notice, when the email has the tenant’s picture on it and has come from an email address the parties have used as an address for service and for communications throughout the tenancy. In addition, had the landlord required more from the tenant by way of notice, it did not take proactive steps to clarify the tenants intentions after receiving the 25 February 2025 email and reiterate the former advice she gave them about the required form and content of a termination notice in December 2024, when they first indicated they did not intend to continue with the fixed term tenancy after 19 March 2025.
I find that on the balance of probabilities the tenants have proven that they had taken all reasonably practicable steps to give proper notice to the landlord no less than 21 days before the end of their fixed term tenancy and that no rent in lieu of notice is owing to the landlord. The tenants’ bond is to be refunded in full to them by the Bond Centre. Filing fee
Because [The applicants] have wholly succeeded with their claim I must reimburse the filing fee. Name suppression
The tenants apply for non-publication of their names and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The tenants have wholly succeeded in this proceeding. I do not consider publication is in the public interest or justified because of the tenants’ conduct or any other circumstances of the case.
Non-publication is ordered.

Claims and awards in Tenancy Tribunal application 5223676 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Bond	$2,800.00
Total payable by Landlord to Tenant	$27.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants names and identifying details.
The Bond Centre is to pay the bond of $2,800.00 ([Bond number suppressed]) to [The tenants] immediately.
Property Management Specialists Limited As Agent For Sensibull Trust must pay [The tenants] $27.00 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The tenants applied for refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Did the tenant give lawful notice ending the fixed term tenancy?

A fixed-term tenancy only lasts for the set amount of time stated in the tenancy agreement. It can be renewed or extended only if both the landlord and tenant agree.
Fixed-term tenancies automatically become periodic when the fixed-term ends unless one party gives proper written notice to the other party informing that party that they do not intend to continue with the tenancy after the expiry date. If neither party give notice no later than 21 days before the expiry date then the tenancy automatically becomes a periodic tenancy.
This tenancy commenced on 20 March 2024 and was due to expire on 19 March 2025.
It is not disputed that the tenants did not intend to continue renting the premise. What is in dispute is whether the tenants gave proper written notice, no less than 21 days before the fixed term tenancy was due to expire on 19 March 2025, being on or by 26 February 2025.
The tenants produced an email dated 19 February 2025 that they confirm was emailed to the landlord’s address for service email noted in the tenancy agreement. This notice says: “Hi Sarah, Good morning, I would like to inform you that I am happy to take one bedroom unit at 34 Cheviot Street from 18 th March. I also like to inform you that I will leave current unit at end of my lease agreement on 19 th March. Regards”
The landlord claims she did not receive this email. Additionally, she says that this notice does not meet the statutory requirements to be considered proper notice.
Section 51(3) of the Residential Tenancies Act 1986 (“RTA”) states that every notice to terminate a tenancy shall— (a) be in writing; and (b) identify the premises to which it relates; and (c) specify the date by which the tenant is to vacate the premises; and (ca) if the landlord gives less than 90 days’ notice, set out the reasons for the termination; and (d) be signed by the party giving the notice, or by that party’s agent.
I do not agree that the tenants 19 February 2025 email notice does not meet the statutory requirements to be considered proper notice for the following reasons: a. The email constitutes written notice; b. It was sent to the landlord’s email address for service as recorded in the tenancy agreement; c. It does identify the premise to which the notice relates. Even though it does not specify the exact address, it states “I also like to inform you that I will leave current unit at end of my lease agreement on 19th March”. The words “current unit” and “end of my lease agreement on 19 March” clearly identify the premise the notice relates to; d. It specifies the date by which the tenant is to vacate the premises, being 19 th March 2025; e. It comes from the tenants’ email address, which is an address for service recorded on the tenancy agreement. Email is an accepted method for delivering written notice, if it is provided for in the tenancy agreement. The email has a photograph of the male tenant on, even though it does not contain any form of electronic signature.
Even if I accept that the landlord did not receive the 19 February 2025 notice, or that the lack of signature invalidates the 19 February 2025 email notice, the tenant sent a text message to the landlord on 25 February 2025 that confirms the tenants intend to “...leave the current place anyways I have temporary accommodation at friends place”. After receiving this information, the landlord did nothing to follow up with the tenants to confirm what they meant by these words or to confirm when they were intending to leave the premise and to reiterate her prior instructions to them that they needed to give formal written notice to the property manager at the email address for service recorded in the tenancy agreement. The property manager says the wording in this text is not clear to her and does not meet the statutory requirement to be accepted as proper notice. Had she enquired further, instead of replying “ok no problem”, the tenants still had time to provide further written notice to her and still be within the statutorily required 21 days’ notice period. They would have also had the opportunity to inform her they had provided written notice on 19 February 2025. Instead, the property manager indicated that the tenants leaving the premise at the end of the fixed term to stay with a friend until they found new accommodation was ok, and she had accepted it.
The parties confirmed that they had been having discussions since December 2024 about the tenants not wanting to renew the fixed term tenancy after 19 March 2025 and that they were looking for another one-bedroom place at Jacks Point to move to. The property manager confirmed she knew that the tenants were looking for new accommodation and that she had been helping them to find new accommodation. She says that she thought the tenants would stay at the rental premise until they found new accommodation and would give her 21 days written notice at that time.
The property manager says she was surprised to receive an email from the tenants on 17 March 2025 enquiring about the process for returning the keys on 18 March 2025. The landlord’s email reply stated “Thanks for giving me 21 days’ notice”. The tenants say this confused them as they had already provided written notice to the same email address on 19 February 2025.
The tenants provided proof to the Tribunal they had sent the 19 February 2025 email notice terminating the tenancy and have paid their rent to 19 March 2025. The tenants say it appears the landlord may have overlooked their initial termination notice and assumed the key return enquiry was their formal written notice.
At the hearing today, the landlord initially stated she had not received the notice of hearing from Tenancy Services. Our records clearly showed that notice was sent on 5 May 2025. Eventually, the property manager found the notice of hearing, but had clearly overlooked it. I find that it is more likely than not that the property manager also overlooked the tenants 19 February 2025 email notice terminating their tenancy at the end of the fixed term period.
I am satisfied that the tenants gave notice terminating their tenancy in accordance with s51(3) of the RTA and that the lack of electronic signature does not invalidate this notice, when the email has the tenant’s picture on it and has come from an email address the parties have used as an address for service and for communications throughout the tenancy. In addition, had the landlord required more from the tenant by way of notice, it did not take proactive steps to clarify the tenants intentions after receiving the 25 February 2025 email and reiterate the former advice she gave them about the required form and content of a termination notice in December 2024, when they first indicated they did not intend to continue with the fixed term tenancy after 19 March 2025.
I find that on the balance of probabilities the tenants have proven that they had taken all reasonably practicable steps to give proper notice to the landlord no less than 21 days before the end of their fixed term tenancy and that no rent in lieu of notice is owing to the landlord. The tenants’ bond is to be refunded in full to them by the Bond Centre. Filing fee
Because [The applicants] have wholly succeeded with their claim I must reimburse the filing fee. Name suppression
The tenants apply for non-publication of their names and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The tenants have wholly succeeded in this proceeding. I do not consider publication is in the public interest or justified because of the tenants’ conduct or any other circumstances of the case.
Non-publication is ordered.

Tenancy Tribunal case 5223676 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 5223676 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant give lawful notice ending the fixed term tenancy?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Did the tenant give lawful notice ending the fixed term tenancy?

Topics & place

Residential Tenancies Act sections

Frequently asked questions