What was the outcome of Tenancy Tribunal case 5213371?

The tribunal order states: By way of declaration, that the landlord’s 90 day notice dated 11 February 2025

How much money was awarded in case 5213371?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5213371?

The primary dispute was 14-day notice. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5213371?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11979735-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5213371?

The tribunal order states: By way of declaration, that the landlord’s 90 day notice dated 11 February 2025

How much money was awarded in case 5213371?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5213371?

The primary dispute was 14-day notice. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5213371?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11979735-Tribunal_Order.pdf.

44 Marbleleaf Lane, Albert Town, Wanaka 9305 Tenancy Tribunal Case 5213371 — 14-day notice

Order

By way of declaration, that the landlord’s 90 day notice dated 11 February 2025 to terminate the tenancy on 12 May 2025 is invalid and of no effect.
The tenant is directed to permit the landlord (or their agent) to enter the premises for the purposes of testing the premises for contaminants after the landlord has given 48 hours’ written notice to the tenant.

Reasons

Both parties appeared at the hearing. The landlord is a social housing provider.
The tenant challenges the validity of the landlord’s 90 day notice issued on 11 February 2025 to terminate the tenancy on 12 May 2025.
The landlord expressed the notice of termination as ‘no cause’ termination; the landlord submit that they are entitled under section 51(1) Residential Tenancies Act 1986 (‘RTA’) to give 90 days’ notice to terminate the periodic tenancy without giving any reason whatsoever.
Pursuant to section 51(1) RTA, a landlord may terminate a periodic tenancy in by giving at least 90 days’ notice. Subsection (3) obliges a landlord to set out the reasons for the termination if the landlord gives less than 90 days’ notice. Conversely therefore, a landlord is not required to give any reasons for the termination if the landlord gives at least 90 days’ notice to terminate the tenancy.
The above provisions generally apply to periodic tenancies, including periodic tenancies managed by social housing providers.
However, in this instance, the landlord has qualified its ability to issue no cause termination notices under the specific terms set out under the parties’ tenancy agreement.
Clause 2.1 of the tenancy agreement dated 1 June 2021 states that the landlord may only terminate the parties’ periodic tenancy by 90 days’ written notice upon the happening of any one of these specific events: a. The tenant is notified that the tenant is no longer eligible or qualifies for social housing; or b. The landlord ceases to be a registered social housing provider; or c. The landlord requires the tenant to transfer to different social housing.
Nothing on the tenancy agreement signed by the parties permits the landlord to issue a notice to terminate the tenancy without cause or reason. Nothing on the tenancy agreement points to the current provision set out under section 51(1) RTA which permits a landlord to terminate a periodic tenancy in any case by giving at least 90 days’ notice without cause.
On the contrary, clause 2.1 of the tenancy agreement refers to the now repealed section 53B(1)(a)(ii) RTA in respect of tenancies of social housing granted under the Public and Community Housing Management Act 1992 which requires the social housing landlord to provide the stipulated grounds for termination of the periodic tenancy.
I consider that via clause 2.1 of the tenancy agreement, the landlord has incurred more extensive obligations than the current RTA when it sets out those specific events as permitted grounds for termination. Section 11(2) RTA permits a landlord to incur more extensive obligations or otherwise waive their usual rights under the RTA.
The landlord concedes that none of the grounds set out under clause 2.1(a) to (c) of the tenancy agreement applies in this case.
Consequently, I find that the landlord’s 90 day notice issued on 11 February 2025 to terminate the tenancy on 12 May 2025 without cause is invalid and of no effect.
I now address the landlord’s counterclaim for the tenant to permit their inspectors to test the premises for contaminants.
The landlord claim that the tenant has refused to allow the landlord’s agent to enter the premises at the agreed time.
On 4 April 2025, the landlord gave written notice to the tenant that methamphetamine testing will take place on 8 April at 2.15pm.
On 8 April, the landlord’s contractor Betta arrived at the agreed time but were denied access by the tenant.
Under section 48(2)(b) RTA, a landlord is entitled to enter the premises for the purpose of inspecting the premises, at any time between 8 o’clock in the morning and 7 o’clock in the evening on a day specified in a notice given to the tenant not less than 48 hours nor more than 14 days before the intended entry, and not more frequently than once in any period of 4 weeks.
Under section 48(2)(ba) RTA, a landlord is entitled to enter the premises for the purpose of testing for the presence of contaminants or taking samples for such testing (except where the testing or sample taking is part of a prescribed decontamination process) at any time between 8 o’clock in the morning and 7 o’clock in the evening of any day, after giving to the tenant notice of the intended entry and the reason for it (including stating the contaminants to be tested for) at least 48 hours but not more than 14 days before the intended entry.
Section 48(4)(b) RTA provides that failure by the tenant, without reasonable excuse, to allow the landlord to enter upon the premises in any circumstances in which the landlord is entitled to enter under subsection (2) is an unlawful act.
No reasonable excuse has been given by the tenant for denying the landlord’s access to the premises under section 48(2)(b) and (ba) RTA.
Notwithstanding the tenant’s breach in respect of section 48 RTA, the landlord is presently only seeking a Tribunal order for access to be granted.
Where the Tribunal finds the tenant has failed to comply with their obligations, including to allow the landlord access to the premises for the purposes of conducting property inspections and for testing for contaminants, the Tribunal may order the tenant to do anything necessary to remedy the breach by that party of any express or implied provision of the tenancy agreement or any provision of the RTA, or to do anything that that party is required to do by any such provision. See section 77(2)(l) RTA.
I therefore order the tenant to comply with section 48(2)(b) and (ba) RTA and direct the tenant to give access to the landlord accordingly.
The landlord will be reissuing another notice of inspection/testing of the premises to the tenant after today’s hearing.
I urge the tenant to allow the landlord access to the property as failure to do so may result in severe repercussions, including an award of exemplary damages (if sought by the landlord in future) and/or an application by the landlord to terminate the tenancy under section 56(1) RTA (if sought by the landlord).

Order

By way of declaration, that the landlord’s 90 day notice dated 11 February 2025 to terminate the tenancy on 12 May 2025 is invalid and of no effect.
The tenant is directed to permit the landlord (or their agent) to enter the premises for the purposes of testing the premises for contaminants after the landlord has given 48 hours’ written notice to the tenant.

Reasons

Both parties appeared at the hearing. The landlord is a social housing provider.
The tenant challenges the validity of the landlord’s 90 day notice issued on 11 February 2025 to terminate the tenancy on 12 May 2025.
The landlord expressed the notice of termination as ‘no cause’ termination; the landlord submit that they are entitled under section 51(1) Residential Tenancies Act 1986 (‘RTA’) to give 90 days’ notice to terminate the periodic tenancy without giving any reason whatsoever.
Pursuant to section 51(1) RTA, a landlord may terminate a periodic tenancy in by giving at least 90 days’ notice. Subsection (3) obliges a landlord to set out the reasons for the termination if the landlord gives less than 90 days’ notice. Conversely therefore, a landlord is not required to give any reasons for the termination if the landlord gives at least 90 days’ notice to terminate the tenancy.
The above provisions generally apply to periodic tenancies, including periodic tenancies managed by social housing providers.
However, in this instance, the landlord has qualified its ability to issue no cause termination notices under the specific terms set out under the parties’ tenancy agreement.
Clause 2.1 of the tenancy agreement dated 1 June 2021 states that the landlord may only terminate the parties’ periodic tenancy by 90 days’ written notice upon the happening of any one of these specific events: a. The tenant is notified that the tenant is no longer eligible or qualifies for social housing; or b. The landlord ceases to be a registered social housing provider; or c. The landlord requires the tenant to transfer to different social housing.
Nothing on the tenancy agreement signed by the parties permits the landlord to issue a notice to terminate the tenancy without cause or reason. Nothing on the tenancy agreement points to the current provision set out under section 51(1) RTA which permits a landlord to terminate a periodic tenancy in any case by giving at least 90 days’ notice without cause.
On the contrary, clause 2.1 of the tenancy agreement refers to the now repealed section 53B(1)(a)(ii) RTA in respect of tenancies of social housing granted under the Public and Community Housing Management Act 1992 which requires the social housing landlord to provide the stipulated grounds for termination of the periodic tenancy.
I consider that via clause 2.1 of the tenancy agreement, the landlord has incurred more extensive obligations than the current RTA when it sets out those specific events as permitted grounds for termination. Section 11(2) RTA permits a landlord to incur more extensive obligations or otherwise waive their usual rights under the RTA.
The landlord concedes that none of the grounds set out under clause 2.1(a) to (c) of the tenancy agreement applies in this case.
Consequently, I find that the landlord’s 90 day notice issued on 11 February 2025 to terminate the tenancy on 12 May 2025 without cause is invalid and of no effect.
I now address the landlord’s counterclaim for the tenant to permit their inspectors to test the premises for contaminants.
The landlord claim that the tenant has refused to allow the landlord’s agent to enter the premises at the agreed time.
On 4 April 2025, the landlord gave written notice to the tenant that methamphetamine testing will take place on 8 April at 2.15pm.
On 8 April, the landlord’s contractor Betta arrived at the agreed time but were denied access by the tenant.
Under section 48(2)(b) RTA, a landlord is entitled to enter the premises for the purpose of inspecting the premises, at any time between 8 o’clock in the morning and 7 o’clock in the evening on a day specified in a notice given to the tenant not less than 48 hours nor more than 14 days before the intended entry, and not more frequently than once in any period of 4 weeks.
Under section 48(2)(ba) RTA, a landlord is entitled to enter the premises for the purpose of testing for the presence of contaminants or taking samples for such testing (except where the testing or sample taking is part of a prescribed decontamination process) at any time between 8 o’clock in the morning and 7 o’clock in the evening of any day, after giving to the tenant notice of the intended entry and the reason for it (including stating the contaminants to be tested for) at least 48 hours but not more than 14 days before the intended entry.
Section 48(4)(b) RTA provides that failure by the tenant, without reasonable excuse, to allow the landlord to enter upon the premises in any circumstances in which the landlord is entitled to enter under subsection (2) is an unlawful act.
No reasonable excuse has been given by the tenant for denying the landlord’s access to the premises under section 48(2)(b) and (ba) RTA.
Notwithstanding the tenant’s breach in respect of section 48 RTA, the landlord is presently only seeking a Tribunal order for access to be granted.
Where the Tribunal finds the tenant has failed to comply with their obligations, including to allow the landlord access to the premises for the purposes of conducting property inspections and for testing for contaminants, the Tribunal may order the tenant to do anything necessary to remedy the breach by that party of any express or implied provision of the tenancy agreement or any provision of the RTA, or to do anything that that party is required to do by any such provision. See section 77(2)(l) RTA.
I therefore order the tenant to comply with section 48(2)(b) and (ba) RTA and direct the tenant to give access to the landlord accordingly.
The landlord will be reissuing another notice of inspection/testing of the premises to the tenant after today’s hearing.
I urge the tenant to allow the landlord access to the property as failure to do so may result in severe repercussions, including an award of exemplary damages (if sought by the landlord in future) and/or an application by the landlord to terminate the tenancy under section 56(1) RTA (if sought by the landlord).

Tenancy Tribunal case 5213371 — 14-day notice at 44 Marbleleaf Lane, Albert Town, Wanaka 9305

At a glance

Tenancy Tribunal case 5213371 — 14-day notice at 44 Marbleleaf Lane, Albert Town, Wanaka 9305

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions