What was Tenancy Tribunal case 5524770 about?

The tribunal order states: The tenant’s application for a declaration that the notice is retaliatory is

How much money was awarded in case 5524770?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5524770?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5524770?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13899526-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5524770 about?

The tribunal order states: The tenant’s application for a declaration that the notice is retaliatory is

How much money was awarded in case 5524770?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5524770?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5524770?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13899526-Tenancy_Tribunal_Order.pdf.

4 Rosedale Place, Avonhead, Christchurch 8042 Tenancy Tribunal Case 5524770 — Boarding House

Reasons

Both parties attended the remote hearing held on 15 July 2026.

The tenancy commenced on 7 July 2017 and was originally for a fixed term due to end on 6 July 2018. Over several years the parties have agreed to extensions of the fixed term tenancy. The last extension was recorded in a Renewal of a fixed term Tenancy Agreement document recording that the new tenancy end date was 12 July 2026.

On 18 May 2026 the landlord emailed the tenant advising that the owners would not be renewing the fixed term tenancy and confirming that the tenancy would end on 12 July 2026.

Section 60A provides that fixed term tenancies become periodic unless contrary notice is given. (1) On the expiry of a fixed-term tenancy of more than 90 days, the tenancy continues as a periodic tenancy with the same terms as the terms contained in the expired tenancy so far as those terms are consistent with a periodic tenancy. (2) However, the tenancy does not continue as a periodic tenancy if,— (a) before the expiry, the parties renew or extend the existing tenancy agreement; or (b) before the expiry, the parties agree not to continue with the tenancy; or (c) within the effective period, either party gives to the other party written notice of their intention not to continue with the tenancy; or (d) before the expiry, a party gives notice as specified in any of section 50(1)(a) to (ac) that terminates the tenancy on or before the expiry.

The relevant provision for this situation is section 60A(2)(c) which provides that the tenancy does not continue as a periodic tenancy if within the effective period, either party gives to the other party written notice of their intention not to continue with the tenancy.

The effective period referred to in section 60A(2)(c) is set out in section 60A(2A) as follows; The effective period is the period that starts on the 90th day before the date on which the tenancy expires and ends on the 21st day before that date.

For this situation the effective period is any day between 13 April 2026 and 21 June 2026. The notice given by the landlord on 18 May 2026 is within the effective period. Application

The tenant has applied to the Tribunal for a declaration that the notice given by the landlord was retaliatory. Section 54 of the Residential Tenancies Act 1986 sets out the law in relation to retaliatory notice.

Section 54(1) sets out the circumstances of when this section applies; This section applies in relation to a notice given by a landlord terminating the tenancy, being a notice that complies with the requirements of section 51 (or, in the case of a boarding house tenancy, section 66U).

Section 51 concerns when a landlord may give 90 days’ notice to terminate a tenancy without reason 1 or 42 days’ notice for one of the reasons listed 2 . In this situation the notice given by the landlord on 18 May 2026 was not a notice that 1 Section 51(1) Residential Tenancies Act 1986 2 Section 51(2) Residential Tenancies Act 1986 complies with the requirements of section 51. The notice given was in accordance with section 60A(2)(c).

Therefore, the Tribunal is not able to make a declaration that the notice was retaliatory because section 54 does not apply to this situation. There is no other provision in the Residential Tenancies Act 1986 providing the Tribunal with the ability to declare that a notice is retaliatory.

As the Tribunal is not able to make a declaration as sought the tenant’s application is dismissed. Suppression

Section 95A of the Residential Tenancies Act 1986 provides that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal consider that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

While the tenant in his application sought suppression, the Tribunal makes no order given that the tenant has not been either wholly or substantially successful with the application.

Order

The tenant’s application for a declaration that the notice is retaliatory is dismissed.

Reasons

Both parties attended the remote hearing held on 15 July 2026.
The tenancy commenced on 7 July 2017 and was originally for a fixed term due to end on 6 July 2018. Over several years the parties have agreed to extensions of the fixed term tenancy. The last extension was recorded in a Renewal of a fixed term Tenancy Agreement document recording that the new tenancy end date was 12 July 2026.
On 18 May 2026 the landlord emailed the tenant advising that the owners would not be renewing the fixed term tenancy and confirming that the tenancy would end on 12 July 2026.
Section 60A provides that fixed term tenancies become periodic unless contrary notice is given. (1) On the expiry of a fixed-term tenancy of more than 90 days, the tenancy continues as a periodic tenancy with the same terms as the terms contained in the expired tenancy so far as those terms are consistent with a periodic tenancy. (2) However, the tenancy does not continue as a periodic tenancy if,— (a) before the expiry, the parties renew or extend the existing tenancy agreement; or (b) before the expiry, the parties agree not to continue with the tenancy; or (c) within the effective period, either party gives to the other party written notice of their intention not to continue with the tenancy; or (d) before the expiry, a party gives notice as specified in any of section 50(1)(a) to (ac) that terminates the tenancy on or before the expiry.
The relevant provision for this situation is section 60A(2)(c) which provides that the tenancy does not continue as a periodic tenancy if within the effective period, either party gives to the other party written notice of their intention not to continue with the tenancy.
The effective period referred to in section 60A(2)(c) is set out in section 60A(2A) as follows; The effective period is the period that starts on the 90th day before the date on which the tenancy expires and ends on the 21st day before that date.
For this situation the effective period is any day between 13 April 2026 and 21 June 2026. The notice given by the landlord on 18 May 2026 is within the effective period. Application
The tenant has applied to the Tribunal for a declaration that the notice given by the landlord was retaliatory. Section 54 of the Residential Tenancies Act 1986 sets out the law in relation to retaliatory notice.
Section 54(1) sets out the circumstances of when this section applies; This section applies in relation to a notice given by a landlord terminating the tenancy, being a notice that complies with the requirements of section 51 (or, in the case of a boarding house tenancy, section 66U).
Section 51 concerns when a landlord may give 90 days’ notice to terminate a tenancy without reason 1 or 42 days’ notice for one of the reasons listed 2 . In this situation the notice given by the landlord on 18 May 2026 was not a notice that 1 Section 51(1) Residential Tenancies Act 1986 2 Section 51(2) Residential Tenancies Act 1986 complies with the requirements of section 51. The notice given was in accordance with section 60A(2)(c).
Therefore, the Tribunal is not able to make a declaration that the notice was retaliatory because section 54 does not apply to this situation. There is no other provision in the Residential Tenancies Act 1986 providing the Tribunal with the ability to declare that a notice is retaliatory.
As the Tribunal is not able to make a declaration as sought the tenant’s application is dismissed. Suppression
Section 95A of the Residential Tenancies Act 1986 provides that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal consider that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
While the tenant in his application sought suppression, the Tribunal makes no order given that the tenant has not been either wholly or substantially successful with the application.

Tenancy Tribunal case 5524770 — Boarding House at 4 Rosedale Place, Avonhead, Christchurch 8042

At a glance

Claims & awards

Tenancy Tribunal case 5524770 — Boarding House at 4 Rosedale Place, Avonhead, Christchurch 8042

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions