How much money was awarded in case 5267105?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5267105?

The dispute type was not classified.

Where can I read the official tribunal order for case 5267105?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11998820-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5267105?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5267105?

The dispute type was not classified.

Where can I read the official tribunal order for case 5267105?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11998820-Tribunal_Order_Redacted.pdf.

114 Nuffield Avenue, Marewa, Napier 4110 Tenancy Tribunal Case 5267105 — Tenancy dispute

Q: What was Tenancy Tribunal case 5267105 about?

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

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details and of the e- mail addresses identified in this Order.
The tenancy of [The tenant/s] at 114 Nuffield Avenue, Marewa, Napier 4110 is terminated, and possession is granted to Leaders Bay Cities Property Management Limited T/A Ray White Hawkes Bay As Agent For Andrew Williams, at 11:59pm on Wednesday 30 July 2025.
By consent, the tenant may terminate the tenancy earlier, by giving 7 days’ notice in writing.
By consent, the tenant will not lock or otherwise impede the landlord’s access to the rear property, 114A Nuffield Avenue, Napier.

Reasons

Both parties attended the hearing.
An application for termination and possession is brought by the landlord on the grounds that the tenancy was ended on 2 May 2025, by a 90 day notice of termination served by the landlord.
The notice of termination was sent to the tenant by e-mail on 1 February 2025.
Two issues with the notice arise need to be considered: First, the notice was not signed; Second, it was not adequately served.
As to the first of those issues, s.51(3) states that, “....Every notice to terminate a tenancy shall.....be signed by the party giving the notice, or by that party’s agent.” It wasn’t.
Section 51(4) provides that, “In a notice to terminate a tenancy, no special form of words shall be required; and no such notice shall be held invalid for any failure to comply strictly with the requirements of subsection (3) so long as the notice is in writing, the intention to terminate the tenancy on a particular date or on the expiry of a particular period is stated clearly in the notice, and that any non-compliance is not such as to mislead or affect unjustly the interests of the recipient.”
Applying that section, I find that the landlord’s failure to sign the notice is not misleading and not sufficient to invalidate the notice. The termination notice is a valid notice.
As to the second issue, s.136 RTA specifies the ways in which notices can be served on another party. The relevant provision here is s.136(1)(d) which provides that a notice “...may be transmitted to the electronic address given by the landlord or the tenant as an address for service.” No other means of service was relied on by the landlord.
The notice was sent by e-mail to [suppressed] on 1 February 2025. Follow up e-mails about the end of the tenancy and a final inspection were sent to that same e-mail address on 19 February 2025 and 24 April 2025. The landlord’s records show that all those e-mails were opened.
The e-mail address for service given by the tenant in the tenancy agreement is [suppressed].
The landlord’s evidence is that when it took over management of the tenancy, the address noted in paragraph 9, was the one on record, so it assumes it was given as an address for service by the tenant to the previous property manager.
The tenant says that is an e-mail address used by his 8 year old daughter and one he gave to the previous property manager only as a last resort means of contacting him. He says he never authorised this or the previous property manager, to use it as his address for service.
Importantly, the tenant has given direct evidence, under promise, that he never received or had brought to his attention the e-mail containing the notice of termination or the subsequent e-mails referred to and that the first he became aware that the landlord wanted to end the tenancy was during a phone call with the property manager on 30 April 2025. The property manager confirms that when she spoke with the tenant on that date, he said he was unaware of the termination notice.
The landlord has not proved that the address to which the notice of termination was sent is an address for service given by the tenant, as required by s.136(1)(d). It is not proved that the notice was otherwise brought to the tenant’s attention before the call on 30 April 2025.
I would hesitate to make an Order that would validate an invalid notice of termination. Here though, the notice itself was valid. It was not brought to the tenant’s attention in the manner required.
That being so, it is appropriate that the notice be given effect from the date the tenant had actual knowledge of it. The tenancy should therefore end 90 days from 1 May 2025.
As noted, the landlord agrees that the tenant can end the tenancy earlier on reduced notice.
No Order is made in respect of the filing fee.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details and of the e- mail addresses identified in this Order.

The tenancy of [The tenant/s] at 114 Nuffield Avenue, Marewa, Napier 4110 is terminated, and possession is granted to Leaders Bay Cities Property Management Limited T/A Ray White Hawkes Bay As Agent For Andrew Williams, at 11:59pm on Wednesday 30 July 2025.

By consent, the tenant may terminate the tenancy earlier, by giving 7 days’ notice in writing.

By consent, the tenant will not lock or otherwise impede the landlord’s access to the rear property, 114A Nuffield Avenue, Napier.

Reasons

Both parties attended the hearing.

An application for termination and possession is brought by the landlord on the grounds that the tenancy was ended on 2 May 2025, by a 90 day notice of termination served by the landlord.

The notice of termination was sent to the tenant by e-mail on 1 February 2025.

Two issues with the notice arise need to be considered: First, the notice was not signed; Second, it was not adequately served.

As to the first of those issues, s.51(3) states that, “....Every notice to terminate a tenancy shall.....be signed by the party giving the notice, or by that party’s agent.” It wasn’t.

Section 51(4) provides that, “In a notice to terminate a tenancy, no special form of words shall be required; and no such notice shall be held invalid for any failure to comply strictly with the requirements of subsection (3) so long as the notice is in writing, the intention to terminate the tenancy on a particular date or on the expiry of a particular period is stated clearly in the notice, and that any non-compliance is not such as to mislead or affect unjustly the interests of the recipient.”

Applying that section, I find that the landlord’s failure to sign the notice is not misleading and not sufficient to invalidate the notice. The termination notice is a valid notice.

As to the second issue, s.136 RTA specifies the ways in which notices can be served on another party. The relevant provision here is s.136(1)(d) which provides that a notice “...may be transmitted to the electronic address given by the landlord or the tenant as an address for service.” No other means of service was relied on by the landlord.

The notice was sent by e-mail to [suppressed] on 1 February 2025. Follow up e-mails about the end of the tenancy and a final inspection were sent to that same e-mail address on 19 February 2025 and 24 April 2025. The landlord’s records show that all those e-mails were opened.

The e-mail address for service given by the tenant in the tenancy agreement is [suppressed].

The landlord’s evidence is that when it took over management of the tenancy, the address noted in paragraph 9, was the one on record, so it assumes it was given as an address for service by the tenant to the previous property manager.

The tenant says that is an e-mail address used by his 8 year old daughter and one he gave to the previous property manager only as a last resort means of contacting him. He says he never authorised this or the previous property manager, to use it as his address for service.

Importantly, the tenant has given direct evidence, under promise, that he never received or had brought to his attention the e-mail containing the notice of termination or the subsequent e-mails referred to and that the first he became aware that the landlord wanted to end the tenancy was during a phone call with the property manager on 30 April 2025. The property manager confirms that when she spoke with the tenant on that date, he said he was unaware of the termination notice.

The landlord has not proved that the address to which the notice of termination was sent is an address for service given by the tenant, as required by s.136(1)(d). It is not proved that the notice was otherwise brought to the tenant’s attention before the call on 30 April 2025.

I would hesitate to make an Order that would validate an invalid notice of termination. Here though, the notice itself was valid. It was not brought to the tenant’s attention in the manner required.

That being so, it is appropriate that the notice be given effect from the date the tenant had actual knowledge of it. The tenancy should therefore end 90 days from 1 May 2025.

As noted, the landlord agrees that the tenant can end the tenancy earlier on reduced notice.

No Order is made in respect of the filing fee.

Tenancy Tribunal case 5267105 — Tenancy dispute at 114 Nuffield Avenue, Marewa, Napier 4110

At a glance

Claims & awards

Tenancy Tribunal case 5267105 — Tenancy dispute at 114 Nuffield Avenue, Marewa, Napier 4110

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions