What was Tenancy Tribunal case 5338401 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5338401?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5338401?

The dispute type was not classified.

Where can I read the official tribunal order for case 5338401?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12435698-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5338401 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5338401?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5338401?

The dispute type was not classified.

Where can I read the official tribunal order for case 5338401?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12435698-Tenancy_Tribunal_Order.pdf.

20A Awatere Street, Clover Park, Auckland 2023 Tenancy Tribunal Case 5338401 — Tenancy dispute

Tenantcheck Insights

Order

The application is dismissed.

Reasons

Both parties attended the hearing.
On 5 August 2025, the landlord gave the tenant a 90-day notice to end the periodic tenancy on 10 November 2025. The tenant claims the notice is retaliatory.
For a notice to be declared retaliatory, the tenant must prove that in terminating the tenancy, the landlord was motivated wholly or partly by the tenant exercising a right under the tenancy agreement or any Act, or by any complaint against the landlord. See section 54(1) Residential Tenancies Act 1986.
Giving a termination notice which is declared to be retaliatory is an unlawful act which is liable to be set aside as invalid.
However there is nothing before the Tribunal to indicate that the landlord has issued the 90-day notice in retaliation to the tenant exercising a right under the tenancy agreement or any Act, or by any valid complaint against the landlord.
The landlord had issued the 90-day notice because of a complaint that the tenant’s wife had assaulted a neighbour on 3 June 2025. Police laid charges against the tenant’s wife on the assault and diversion was granted subsequently in respect of the assault charge.
There are no grounds in support of the tenant’s claim that the landlord’s 90 day notice was retaliatory under the circumstances.
No reasons are required when a 90-day notice is issued by the landlord as long as the landlord’s actual reasons were not wholly or partly motivated by the tenant exercising a right under the tenancy agreement or any Act, or by any complaint against the landlord.
I cannot see any reason which suggests the landlord being motivated wholly or partly by the tenant exercising a right under the tenancy agreement or any Act, or by any complaint against the landlord.
For those reasons, the 90-day notice dated 5 August 2025 stands.
I dismiss the tenant’s application for the invalidation of the landlord’s notice on grounds that it is retaliatory.

Tenancy Tribunal case 5338401 — Tenancy dispute at 20A Awatere Street, Clover Park, Auckland 2023

At a glance

Claims & awards

Tenancy Tribunal case 5338401 — Tenancy dispute at 20A Awatere Street, Clover Park, Auckland 2023

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions