Tenantcheck Insights · Case study
Tenancy Tribunal case 5512744 — Tenancy dispute at 7 Alice Place, Hillcrest, Auckland 0627
Decided 11 June 2026 · Published 11 June 2026 · Application 5512744
Mixed / unclear
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Auckland
Tribunal region
Adjudicator
K Henry
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- The notices to terminate the tenancy issued by the landlord on 01 May 2026 and 20 May 2026 are not valid.
- The tenancy shall continue until such time as it is terminated in accordance with the relevant provisions of the Residential Tenancies Act 1986.
- The hearing is adjourned.
- A further 360 minutes (9.30am to 4.30pm) should be allowed for the next hearing of this matter, scheduled before me at North Shore District Court on the next available date.
- If the respondent also has a claim they want dealt with at the next hearing, they must file their application with Tenancy Services within 10 working days of this order and refer to the current application number.
Reasons
- The tenant attended the hearing which was conducted by telephone on 10 June 2026. Ms Maiava and Ms Hu attended the hearing for Bingrong Yang. Grace Ju attended the hearing for Zhongqu Yang.
- The hearing dealt with the tenant’s claim that the notices to terminate the tenancy issued by the landlord are not valid. The remaining claims (see the Case Management Directions below) shall be dealt with at the next hearing.
- The parties will be notified in writing by Tenancy Services of the date and time of the next hearing.
- During the hearing, the landlord confirmed that the correct bank account for the tenant to pay rent is as set out in Ms Ju’s email to the tenant of 20 May 2026. Relevant background:
- The tenancy started on 26 May 2025.
- The tenancy is governed by a Tenancy Agreement signed by the parties on 6 May 2025 (the “Tenancy Agreement”).
- The Tenancy Agreement provides that the landlord is Hsiu-Yun Ting as Agent for Bingrong Yang (“B Yang”).
- Ms Maiava for B Yang says that she and Ms Hu replaced Hsiu-Yun Ting as B Yang’s agent. Ms Maiava says that there is no paperwork between them and B Yang to evidence this arrangement.
- Ms Ju says that she is the agent for Zxongque Yang (“Z Yang”). No paperwork such as an agency agreement or authorisation to act has been provided to evidence this arrangement.
- Ms Maiava and Ms Ju say that the premises was sold to Z Yang and the settlement date was 24 April 2026.
- There have been two 42 day notices to terminate the tenancy: On 01 May 2026 (the “First Termination Notice”) and on 20 May 2026 (the “Second Termination Notice”). Relevant law:
- Where the landlord sells the premises during the tenancy, sections 15 and 43 of the RTA set out obligations on the landlord to provide certain information to the tenant.
- Section 15(1) of the RTA provides that where: ... the landlord’s or tenant’s interest passes to some other person, that other person shall, within 10 working days thereafter, cause the other party to the tenancy to be notified of— (a) the full name and contact address of that person; and (b) an address for service, being the address at which notices and other documents relating to the tenancy will be accepted by or on behalf of the person.
- Section 15(1A) of the RTA provides that if the person referred to in a) above has a contact mobile telephone number and/or a contact email address that information must be provided to the tenant.
- Section 43 of the RTA provides that: (1)Where the landlord disposes of his or her interest in the premises to any other person (in this section referred to as the purchaser), the following provisions shall apply: (a) the landlord shall give to the tenant written notice of the disposition, including the name and contact address of the purchaser so far as those particulars are known to the landlord: ... (1A) The following must also be included in the notice under subsection (1)(a) if known to the landlord: the purchaser’s contact mobile telephone number (if any): the purchaser’s contact email address (if any).
- Section 43(2) of the RTA recognises the potential overlap between section 15 and 43 and provides that subsections 43(1)(a) and (1A) do not “...absolve the purchaser from the obligation imposed on the purchaser by section 15”.
- Section 51(2) of the RTA provides that: (2)A landlord may terminate a periodic tenancy by giving at least 42 days’ notice if— (a) the owner of the premises requires the premises, within 90 days after the termination date, as the principal place of residence for at least 90 days for the owner or a member of the owner’s family; or (b) the owner is required, under an unconditional agreement for the sale of the premises, to give the purchaser vacant possession; or ...
- Section 51(3) of the RTA provides 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.
- The requirements above are not strict requirements. Section 51(4) of the RTA provides: 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.
Was the First Termination Notice valid?
- As set out above, the First Termination Notice was sent on 01 May 2026 to the tenant by email from Ms Maiava. It reads: ... The landlord for 7 Alice Road Hillcrest, has requested that we give you a 42 days notice, because the landlord is moving into this property to live. Therefore we are giving you 42 days notice starting from today the 1st of May 2026 until the 10th of June in which the 42 days notice will end.
- I consider First Termination Notice is not valid because it was given by Ms Maiava on behalf of Z Yang. Ms Maiava was not and is not an agent for Z Yang. Therefore, she had no authority to issue the notice.
Was the Second Termination Notice valid?
- The Second Termination Notice was sent to the tenant on 20 May 2026 by Grace Hu. In this email, Ms Hu provides the landlord’s name and bank account details to the tenant and says: For any queries, please contact Grace (friend of the new owner) on [... ] ... The property (7 Alice road Hillcrest) has now been sold, and the new owner intends to move back into the property. Notice to end tenancy in accordance with section 51 of the Residential Tenancies Act. Reason for Termination: A family member will be moving into the property. We regret to inform you that we have been instructed by the owner of the premises to give you notice to end your tenancy. The last day will be 2st July 2026 ...
- While Ms Hu is the agent for Z Yang, there is no evidence that at the time she issued the notice to the tenant the tenant was aware of this or could reasonably be expected to be aware of this.
- Ms Hu refers to an earlier email to the tenant in which she signed of “on behaviour [she meant on behalf] of” and her statement that the tenant should “... contact Grace (friend of the new owner)”. She says these statements were sufficient to put the tenant on notice that she was acting as the landlord’s agent. I disagree. There is a significant difference between a “friend” and an “agent”.
- As at the date of the Section Termination Notice, the premises transferring to Z Yang on 24 April 2026, the tenant had only just been told Z Yang’s name. She had still not been given other information such as an address for service as required by section 15 of the RTA.
- In these circumstances, I do not consider the tenant could be expected to know that Ms Hu was the agent for Z Yang and was authorised to give the notice. Other issues with the First and Second Termination Notices:
- There are other issues with both notices: a. Both notices fail to correctly record the address of the premises to which the notice relates as required by section 51(3)(b) of the RTA: The address is recorded as “Road” instead of “Place”; and b. Both notices are not signed by the party giving the notice or the agent as required by section 51(3)(d) of the RTA.
- In some circumstances, these issues would not be sufficient to make the notice invalid (see section 51(4) of the RTA). However, in circumstances where the tenant has not been given the information required under sections 15 and 43 of the RTA, I consider the noncompliance with section 51(3) of the RTA does unjustly affect the tenant.
- Even if Ms Maiava had authority to issue the First Termination Notice or Ms Hu had explained to the tenant that she was the agent for Z Yang, I would have found the notices invalid on the basis that they did not comply with section 51(3) of the RTA.
CASE MANAGEMENT DIRECTIONS
Authority to act:
- By 4pm on 16 June 2026: a. B Yang is to provide a signed written authority to the Tribunal confirming that Irene Maiava and Vivienne Hu are authorised to act as his agent in respect of this matter; and b. Z Yang is to provide a signed written authority to the Tribunal confirming that Grace Ju is authorised to act as his agent in respect of this matter.
- This authority is to be sent to the Tribunal at aucklandmetrotenancy@justice.govt.nz, copying the tenant to the email. The tenancy agreement:
- The tenancy agreement has been provided to the Tribunal by the tenant. It consists of four pages. The tenancy agreement appears to be missing a number of pages.
- By 4pm on 16 June 2026, the landlord is to provide a full copy of the tenancy agreement. If the landlord does not have the document or the tenancy agreement only consists of four pages, the landlord is to advise the Tribunal of the same.
- The tenancy agreement (or the statement that the landlord does not have the document) is to be emailed to the Tribunal at aucklandmetrotenancy@justice.govt.nz, copying the tenant. The tenant’s remaining claims:
- The tenant’s remaining claims to be considered at the next hearing are that the landlord breached: a. Section 15 of the RTA by failing to notify the tenant of the new owners’ details within 10 working days of the change taking effect; and/or b. Section 16 of the RTA by failing to provide the tenant with the new contact details for the new contact person within 10 working days of the change taking effect; c. Section 38 of the RTA by breaching the tenant’s right to quiet enjoyment of the premises; d. Section 48 of the RTA by failing to give the correct notice to access the premises on; e. Section 60AA of the RTA by attempting to terminate the tenancy without grounds to do so; f. The tenant also claims that the landlord issued a retaliatory notice within the meaning of INSERT.
- By no later than 4pm on Monday, 22 June 2026, the tenant is to advise the Tribunal: a. Of the specific acts / failure to act that she considers amount to a breach of section 38 and/or 48 of the RTA. For example: On Tuesday, 07 April 2026, the landlord came to the premises for an inspection. They said they sent me an email the previous week but I had not received an email. If the tenant cannot recall the exact date, she should record the approximate date the action / failure to act occurred. b. What remedies she is seeking. Information regarding available remedies can be found on Tenancy Services’ website at https://www.tenancy.govt.nz/disputes/tribunal/decisions-the-tribunal-can- make/types-of-tenancy-tribunal-orders/.
- This information is to be emailed to the Tribunal at aucklandmetrotenancy@justice.govt.nz and copied to the other party. The landlord’s claims:
- If the landlord wishes to make any claims against the tenant that they want the Tribunal to deal with at the next hearing, then the landlord must submit an application to the Tribunal and pay the applicable fee within 10 working days of this Order. The landlord should reference this application number in its application to the Tribunal. Witnesses:
- If either party wishes to call a witness for the next hearing, they should notify the Tribunal of the witnesses’ names at least 5 working days prior to the hearing.
- The witness may attend the hearing by telephone. It is up to the person calling the witness to ensure the witness is available and that the witnesses’ contact number is provided to the Tribunal.
- If either party has a witness they wish to call who does not agree to attend the hearing, they can be summonsed. To do this the party will need to contact Tenancy Services no later than 5 working days before the hearing to make this request. Documents and other evidence:
- The parties must file and serve copies of all relevant documents or other evidence they hold no later than 10 working days before the hearing by: a. Uploading the documents to the file; or b. Emailing the documents to aucklandmetrotenancy@justice.govt.nz and copying the other party to the email; or c. Delivering the documents to the public counter on the 2nd floor at North Shore District Court, 79 Corinthian Drive, Albany, Auckland 0632. Interpretation service:
- If either party requires an interpreter for the hearing, the Tribunal can provide one. To request an interpreter, the party should email the Tribunal at aucklandmetrotenacy@justice.govt.nz, copying the other party, requesting an interpreter for the hearing and specifying the language to be interpreted. Bundles for the hearing:
- Each party is to bring 3 bundles of the documents they intend to rely on to the hearing: one copy for themselves, one copy for the Tribunal and one copy for the other party.
- The pages in the bundle are to be numbered. Handwritten numbering is fine. The next hearing:
- The next hearing is to be scheduled before me via video conference on the next available day for a full day (9.30am to 4.30pm).
- The parties will be notified in writing by Tenancy Services of the date and time of the next hearing.
- If either party is unable to attend the hearing for a good reason (i.e. a pre booked medical appointment or planned overseas travel), they must email the Tribunal (aucklandmetrotenancy@justice.govt.nz) without delay, copying the other party, advising the reason why they cannot attend (i.e. pre planned travel or medical appointment) and provide evidence of the same.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s15, s15(1), s15(1A), s16, s24, s38, s43, s43(1), s43(2), s48, s51, s51(2), s51(3), s51(4), s60AA
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5512744?
The tribunal order states: The notices to terminate the tenancy issued by the landlord on 01 May 2026
How much money was awarded in case 5512744?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5512744?
The dispute type was not classified.
Where can I read the official tribunal order for case 5512744?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13731039-Tenancy_Tribunal_Order.pdf.