Published tribunal order
Tenancy Tribunal case 5344841 — Cleanliness
Decided 8 Oct 2025 · Published 8 Oct 2025 · Application 5344841
- Cleanliness
- Harassment
- Boarding House
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
- There is also an order for suppression of the name of the property manager, [..].
- Under section 78(1)(a) of the Residential Tenancies Act 1986 the notice to terminate given on 15 September 2025 is declared invalid.
- Lincoln Darling Real Estate Limited must pay [the tenant] the sum of $28.00 immediately.
Reasons
- Both parties attended the hearing which was conducted by phone. The landlord was represented by the property manager.
- The tenancy is a boarding house tenancy. On 15 September 2025, the landlord gave the tenant a notice ending the tenancy on 17 September 2025. The tenant claims the notice is retaliatory.
- After consulting with Community Law and communicating further with the landlord, the tenant remains in the premises. He wants to find somewhere else to live, but does not want to be forced out.
- 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.
- The tenant says that the right he was asserting was complaining about the cleaners moving his belongings. The evidence of this was an email exchange on and around 28 August 2025.
- The landlord says the notice was given because the cleaners felt threatened by the tenant. This was supported by an email and a letter from the cleaning company.
- Under section 66U(1) of the Act, a landlord of a boarding house may terminate a boarding house tenancy— (a) immediately, if the tenant has— (i) caused, or threatened to cause, serious damage to the premises; or (ii) endangered, or threatened to endanger, people or property; or (iii) caused, or threatened to cause, serious disruption to other tenants; or (b) on 48 hours’ notice, if— (i) the landlord has, by written notice to the tenant, required the tenant to pay any rent in arrears within a stated period of not less than 10 days, commencing on the day the notice is given, and the tenant fails to pay the rent in arrears within the stated period; or (ii) the tenant is using the premises for an illegal purpose; or (iii) the landlord believes, having complied with section 66X, that the tenant has abandoned the room; or ... (d) on 28 days’ notice, if no reason is given.
- The notice that was given was on a printed form. The dates were added in handwriting. The form incorrectly referred to section 66V, which is the section of the Act which sets out how a tenant may give notice. The printed form also refers to the rent being in arrears, which was not the case here. It appears that it is a form that, with amendment to the section number would be used to give notice under section 66U(1)(b).
- The property manager told the Tribunal that the notice was intended to be immediate because the cleaners felt threatened by the tenant’s behaviour.
- After the notice was given, there was a further complaint from the cleaners.
- During the hearing, the tenant was clearly unhappy, agitated and persistent. I accept the property manager’s argument that if he behaves like that towards the cleaners in a relentless fashion, it is unpleasant and they may well feel threatened. However, there is no evidence of an actual threat that would have justified a termination under section 66(1)(a), which is immediate with no notice period.
- I do not find that the notice was retaliatory. It was given over two weeks after the tenant had complained about the cleaners moving his things, and I find it more likely that the catalyst was the cleaners’ complaint about the tenant.
- The tenant did not bring his application under section 60AA, which says that it is an unlawful act if a landlord gives notice to terminate, knowing they are not entitled to give notice. In any event, I find that the landlord wrongly believed they had grounds.
- However, I do find that the notice is invalid and have decided to make a declaration to that effect so that there is some clarity for the parties. That means that the landlord cannot seek possession based on that notice. Other matters
- I have advised the parties that the landlord may give 28 days for no reason.
- The property manager raised some issues that have happened since the notice was given and asked if she could give less notice based on those. In particular there is an email that the tenant sent on 6 October 2025 offering to come to her house and rearrange her belongings.
- I indicated that it is not the role of the Tribunal to give advice or make advance rulings. I note, however, that one interpretation of that email is that it is a sarcastic, passive-aggressive tit-for-tat, rather than an actual threat to come to her house, and there is no actual threat to harm her or anyone. That said, it is understandable that the property manager feels upset by this. Because of the way in which the tenant has behaved, I have decided that she should have name suppression. That means that no-one may publish her name in connection to these proceedings.
- The tenant feels very aggrieved by the way he has been treated and he referred to some racist comments that have been made to him. He may have every reason to be offended, hurt or even outraged. However, he should also be mindful of the way in which his manner affects people. Many people will find his relentless continuous verbal expressions quite threatening. He is encouraged to seek assistance with how to constructively resolve disputes so that they do not escalate.
- Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
- The landlord is encouraged to read carefully Part 2A of the Residential Tenancies Act, consult Tenancy Services and/or seek legal advice as to the correct way to deal with the issues that are presenting to them.