What was the outcome of Tenancy Tribunal case 5299894?

The tribunal order states: A notice to terminate the tenancy dated 6 June 2025 is invalid and is set aside.

How much money was awarded in case 5299894?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5299894?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5299894?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12347336-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5299894?

The tribunal order states: A notice to terminate the tenancy dated 6 June 2025 is invalid and is set aside.

How much money was awarded in case 5299894?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5299894?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5299894?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12347336-Tenancy_Tribunal_Order.pdf.

Room 5, 17B Suffolk Street, Phillipstown, Christchurch 8011 Tenancy Tribunal Case 5299894 — Boarding House

Reasons

Both parties attended the hearing.

The tenancy began in 2019. The tenancy agreement stated it was a boarding housing agreement. The premises consist of a bedroom with an ensuite bathroom and shared use of a communal area comprising a kitchen and dining/living area. There are five such bedrooms in the unit.

To be a boarding house premises must be occupied or intended to be occupied by at least 6 tenants at any one time. This was not a boarding house. The respondent accepts that.

The premises were sold in 2025. Settlement occurred around the middle of May. The Good Girls took over management of the tenancy on behalf of the new owner around that time. Notice to Terminate Tenancy

Mr Clark claimed that a notice to terminate the tenancy, sent by email on 6 June 2025, is invalid and/or retaliatory.

Section 60AA of the Act prohibits a landlord from giving a notice to terminate the tenancy or apply to the Tribunal for such an order, knowing they are not entitled to do so. Section 54 allows the Tribunal to set aside a Notice which is retaliatory.

The landlord gave the tenant 28 days’ notice to end the tenancy. It did so on the basis that this was a boarding house tenancy. See s 66U RTA.

The landlord says that they inherited a boarding house tenancy agreement and so the notice seemed appropriate. They said that they had not had time to assess the situation after taking over and so could not conclude that the tenancy was not a boarding house tenancy.

The landlord now acknowledges that this is not a boarding house tenancy. It follows that 90 days’ notice was required to end the tenancy. See s51 RTA. The Notice to Terminate the tenancy, sent by email on 6 June 2025 is not valid and cannot be relied on the landlord.

The tenant raised issues with the form of the notice, he said it did not include a date and should have stated his full name. I do not accept those arguments. The date is recorded at the top of the email, and it was sent to his email address and refers to his first name. Chattels

Mr Clark also says that chattels provided with the tenancy need to be replaced; in particular a bed, microwave, and a freezer box door on a small fridge.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

Mr Clark did not provide any evidence (photographs) of the condition of those items. There was no evidence on which I could be satisfied that it is more likely than not that the items need to be replaced.

This claim is dismissed. Privacy

Mr Clark also claimed that the landlord breached his privacy by sending details of this application to another tenant.

The landlord received notification of this claim in a standard form text message from tenancy services. There was no detail attached to the message. The landlord understood that it related to a claim by the other tenant, forwarded the message to that tenant and asked whether everything had been resolved.

There was no disclosure of the tenant’s private information. This aspect of the claim is also dismissed.

As the tenant was partially successful, I have awarded reimbursement of the Tribunal application fee.

Order

A notice to terminate the tenancy dated 6 June 2025 is invalid and is set aside.
The landlord must pay the tenant $27.00 being the filing fee on this application.
The other claims are dismissed.

Reasons

Both parties attended the hearing.
The tenancy began in 2019. The tenancy agreement stated it was a boarding housing agreement. The premises consist of a bedroom with an ensuite bathroom and shared use of a communal area comprising a kitchen and dining/living area. There are five such bedrooms in the unit.
To be a boarding house premises must be occupied or intended to be occupied by at least 6 tenants at any one time. This was not a boarding house. The respondent accepts that.
The premises were sold in 2025. Settlement occurred around the middle of May. The Good Girls took over management of the tenancy on behalf of the new owner around that time. Notice to Terminate Tenancy
Mr Clark claimed that a notice to terminate the tenancy, sent by email on 6 June 2025, is invalid and/or retaliatory.
Section 60AA of the Act prohibits a landlord from giving a notice to terminate the tenancy or apply to the Tribunal for such an order, knowing they are not entitled to do so. Section 54 allows the Tribunal to set aside a Notice which is retaliatory.
The landlord gave the tenant 28 days’ notice to end the tenancy. It did so on the basis that this was a boarding house tenancy. See s 66U RTA.
The landlord says that they inherited a boarding house tenancy agreement and so the notice seemed appropriate. They said that they had not had time to assess the situation after taking over and so could not conclude that the tenancy was not a boarding house tenancy.
The landlord now acknowledges that this is not a boarding house tenancy. It follows that 90 days’ notice was required to end the tenancy. See s51 RTA. The Notice to Terminate the tenancy, sent by email on 6 June 2025 is not valid and cannot be relied on the landlord.
The tenant raised issues with the form of the notice, he said it did not include a date and should have stated his full name. I do not accept those arguments. The date is recorded at the top of the email, and it was sent to his email address and refers to his first name. Chattels
Mr Clark also says that chattels provided with the tenancy need to be replaced; in particular a bed, microwave, and a freezer box door on a small fridge.
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
Mr Clark did not provide any evidence (photographs) of the condition of those items. There was no evidence on which I could be satisfied that it is more likely than not that the items need to be replaced.
This claim is dismissed. Privacy
Mr Clark also claimed that the landlord breached his privacy by sending details of this application to another tenant.
The landlord received notification of this claim in a standard form text message from tenancy services. There was no detail attached to the message. The landlord understood that it related to a claim by the other tenant, forwarded the message to that tenant and asked whether everything had been resolved.
There was no disclosure of the tenant’s private information. This aspect of the claim is also dismissed.
As the tenant was partially successful, I have awarded reimbursement of the Tribunal application fee.

Tenancy Tribunal case 5299894 — Boarding House at Room 5, 17B Suffolk Street, Phillipstown, Christchurch 8011

At a glance

Tenancy Tribunal case 5299894 — Boarding House at Room 5, 17B Suffolk Street, Phillipstown, Christchurch 8011

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