What was Tenancy Tribunal case 5363482 about?

The tribunal order states: The Tribunal declares that the notice to terminate the tenant’s boarding house

How much money was awarded in case 5363482?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5363482?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5363482?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12694659-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5363482 about?

The tribunal order states: The Tribunal declares that the notice to terminate the tenant’s boarding house

How much money was awarded in case 5363482?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5363482?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5363482?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12694659-Tenancy_Tribunal_Order.pdf.

Room 1, 63A Hanrahan Street, Upper Riccarton, Tenancy Tribunal Case 5363482 — Boarding House

Order

The Tribunal declares that the notice to terminate the tenant’s boarding house tenancy was retaliatory.
The notice to terminate the tenancy is set aside.

Reasons

Both parties attended the hearing. Mrs Lennon represented the landlord.
The tenant has applied for a declaration that the landlord’s notices to terminate the tenancy dated 8 and 9 October 2025 were retaliatory notices. She seeks an order setting the notices aside. Background
The tenancy is a boarding house tenancy. It began on 1 November 2024. The landlord issues notices terminating the tenancy on 8 and 9 October 2025. The tenancy was due to terminate on 6 November 2025, but the landlord has not enforced the order pending the hearing of the tenant’s application.
The tenant remains in possession and wishes to continue residing at the premises.
The tenant claims that the landlord’s notice to terminate her tenancy was in response to complaints she made over time regarding (mainly) the behaviour of other tenants not observing the boarding house rules. Issues
The Tribunal must decide these issues: •Was the landlord’s notice to terminate the tenancy a retaliatory notice? •If so, should the notice be set aside? Relevant law
The law as it relates to boarding house tenancies is set out in Part 2A of the Residential Tenancies Act 1986 (RTA).
Section 66U RTA allows a landlord of a boarding house to terminate a tenancy on 28 days’ notice if no reason is given.
Not all the provisions of the RTA apply to boarding house tenancies. Section 66A RTA sets out the provisions that do not apply.
Section 66U RTA provides: (4) To avoid doubt, section 54 (which provides that the Tribunal may order that notice by a landlord is of no effect in certain circumstances) applies to boarding house tenancies.
Section 54 RTA provides in part: (2) The tenant may apply to the tribunal for an order declaring that the notice was retaliatory on either or both of the following grounds: (a) that, in giving the notice, the landlord was motivated wholly or partly by the exercise or proposed exercise by the tenant of any right, power, authority, or remedy conferred on the tenant by the tenancy agreement or by this or any other Act or any complaint by the tenant against the landlord relating to the tenancy: Discussion Was the landlord’s notice to terminate the tenancy a retaliatory notice?
A landlord’s right to terminate a boarding house tenancy on 28 days’ notice without reason is not absolute. A tenant may apply to have the notice declared retaliatory and set aside.
The tenant produced evidence of complaints she had made to the landlord about ants and about the behaviour of certain tenants who were not observing the house rules. The emails were sent between 28 August and 4 October 2025.
The landlord’s first notice to terminate the tenancy is dated 8 October 2025; a second notice was sent the following day.
Mrs Lennon said she was acting on instructions from the owner/landlord who gave her no reason why the tenancy was being terminated.
While the landlord is not required to give a reason to terminate a boarding house tenancy on 28 days’ notice, as is the case here, nevertheless the landlord’s actions are open to scrutiny by the Tribunal.
Mrs Lennon said it was clear that the tenant did not find her living situation to her liking and she queried why she would want to stay. She said the ‘balance’ of the tenants in the boarding house was not suitable, but she was unable to change the behaviour of the tenants Ms Stickley complained about.
Mrs Lennon confirmed that no other tenants had been served with termination notices.
I find that the landlord probably issued the termination notices at least partly due to the complaints Ms Stickley made about the behaviour of some of the other tenants.
Mrs Lennon said one of the other tenants was on a ‘final warning’. The landlord had other options. It could have terminated the tenancies of the tenants who were not observing the house rules. Rather, it chose to terminate the tenancy of the person complaining, Ms Stickley.
The timing between the last complaint Ms Stickley made (4 October 2025) and the giving of the first termination notice (8 October 2025) reinforces the Tribunal’s conclusion that the notice was given in response to the complaints and especially the most recent one.
The Tribunal acknowledges Mrs Lennon’s submission that boarding house tenancies can be difficult to manage because of the differences between tenants and the relationship issues that can arise. The Tribunal acknowledges that.
On the evidence presented, the Tribunal finds that the notice to terminate the tenancy was a retaliatory notice and it has issued a declaration to that effect.

Should the notice to terminate the tenancy be set aside?

The RTA provides a tenant with a remedy when a notice to terminate a tenancy is given in retaliation for a complaint made in relation to the tenancy. This is a case where the Tribunal should exercise that remedy in the tenant’s favour.
The landlord’s notice to terminate the tenancy (both notices dated 8 and 9 October 2025) is set aside and is of no effect. Result
The landlord’s notice to terminate the tenancy is declared retaliatory under section 54 RTA and is set aside. The tenancy will continue. Comment
The Tribunal observed that the communications between the parties were courteous. Mrs Lennon said she was prepared to work with the tenant to find another boarding house tenancy that might suit her better. The Tribunal encourages the parties to work together to achieve that.

Order

The Tribunal declares that the notice to terminate the tenant’s boarding house tenancy was retaliatory.
The notice to terminate the tenancy is set aside.

Reasons

Both parties attended the hearing. Mrs Lennon represented the landlord.
The tenant has applied for a declaration that the landlord’s notices to terminate the tenancy dated 8 and 9 October 2025 were retaliatory notices. She seeks an order setting the notices aside. Background
The tenancy is a boarding house tenancy. It began on 1 November 2024. The landlord issues notices terminating the tenancy on 8 and 9 October 2025. The tenancy was due to terminate on 6 November 2025, but the landlord has not enforced the order pending the hearing of the tenant’s application.
The tenant remains in possession and wishes to continue residing at the premises.
The tenant claims that the landlord’s notice to terminate her tenancy was in response to complaints she made over time regarding (mainly) the behaviour of other tenants not observing the boarding house rules. Issues
The Tribunal must decide these issues: •Was the landlord’s notice to terminate the tenancy a retaliatory notice? •If so, should the notice be set aside? Relevant law
The law as it relates to boarding house tenancies is set out in Part 2A of the Residential Tenancies Act 1986 (RTA).
Section 66U RTA allows a landlord of a boarding house to terminate a tenancy on 28 days’ notice if no reason is given.
Not all the provisions of the RTA apply to boarding house tenancies. Section 66A RTA sets out the provisions that do not apply.
Section 66U RTA provides: (4) To avoid doubt, section 54 (which provides that the Tribunal may order that notice by a landlord is of no effect in certain circumstances) applies to boarding house tenancies.
Section 54 RTA provides in part: (2) The tenant may apply to the tribunal for an order declaring that the notice was retaliatory on either or both of the following grounds: (a) that, in giving the notice, the landlord was motivated wholly or partly by the exercise or proposed exercise by the tenant of any right, power, authority, or remedy conferred on the tenant by the tenancy agreement or by this or any other Act or any complaint by the tenant against the landlord relating to the tenancy: Discussion Was the landlord’s notice to terminate the tenancy a retaliatory notice?
A landlord’s right to terminate a boarding house tenancy on 28 days’ notice without reason is not absolute. A tenant may apply to have the notice declared retaliatory and set aside.
The tenant produced evidence of complaints she had made to the landlord about ants and about the behaviour of certain tenants who were not observing the house rules. The emails were sent between 28 August and 4 October 2025.
The landlord’s first notice to terminate the tenancy is dated 8 October 2025; a second notice was sent the following day.
Mrs Lennon said she was acting on instructions from the owner/landlord who gave her no reason why the tenancy was being terminated.
While the landlord is not required to give a reason to terminate a boarding house tenancy on 28 days’ notice, as is the case here, nevertheless the landlord’s actions are open to scrutiny by the Tribunal.
Mrs Lennon said it was clear that the tenant did not find her living situation to her liking and she queried why she would want to stay. She said the ‘balance’ of the tenants in the boarding house was not suitable, but she was unable to change the behaviour of the tenants Ms Stickley complained about.
Mrs Lennon confirmed that no other tenants had been served with termination notices.
I find that the landlord probably issued the termination notices at least partly due to the complaints Ms Stickley made about the behaviour of some of the other tenants.
Mrs Lennon said one of the other tenants was on a ‘final warning’. The landlord had other options. It could have terminated the tenancies of the tenants who were not observing the house rules. Rather, it chose to terminate the tenancy of the person complaining, Ms Stickley.
The timing between the last complaint Ms Stickley made (4 October 2025) and the giving of the first termination notice (8 October 2025) reinforces the Tribunal’s conclusion that the notice was given in response to the complaints and especially the most recent one.
The Tribunal acknowledges Mrs Lennon’s submission that boarding house tenancies can be difficult to manage because of the differences between tenants and the relationship issues that can arise. The Tribunal acknowledges that.
On the evidence presented, the Tribunal finds that the notice to terminate the tenancy was a retaliatory notice and it has issued a declaration to that effect.

Should the notice to terminate the tenancy be set aside?

The RTA provides a tenant with a remedy when a notice to terminate a tenancy is given in retaliation for a complaint made in relation to the tenancy. This is a case where the Tribunal should exercise that remedy in the tenant’s favour.
The landlord’s notice to terminate the tenancy (both notices dated 8 and 9 October 2025) is set aside and is of no effect. Result
The landlord’s notice to terminate the tenancy is declared retaliatory under section 54 RTA and is set aside. The tenancy will continue. Comment
The Tribunal observed that the communications between the parties were courteous. Mrs Lennon said she was prepared to work with the tenant to find another boarding house tenancy that might suit her better. The Tribunal encourages the parties to work together to achieve that.

Tenancy Tribunal case 5363482 — Boarding House at Room 1, 63A Hanrahan Street, Upper Riccarton,

At a glance

Claims & awards

Tenancy Tribunal case 5363482 — Boarding House at Room 1, 63A Hanrahan Street, Upper Riccarton,

At a glance

Claims & awards

Order

Reasons

Should the notice to terminate the tenancy be set aside?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Order

Reasons

Should the notice to terminate the tenancy be set aside?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions