Tenantcheck Insights · Case study
Tenancy Tribunal case 5346441 — Tenancy dispute at 530B Fraser Street, Greerton, Tauranga 3112
Published 16 January 2026 · Application 5346441
Dismissed
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Dismissed
From published order
Location
Tauranga
Tribunal region
Adjudicator
A Macpherson
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 application is dismissed.
Reasons
- The tenant attended the hearing. The landlord did not appear.
- The absence of a party does not prevent the matter from being heard and determined.
- The tenant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
- The tenant is seeking $6,950.75 compensation for alleged losses incurred due to the landlord giving an alleged invalid notice to end this tenancy. The tenant says that the landlord agreed to a 7-10 year tenancy when this tenancy started on 14 May 2023.
- The tenant received a 63-day notice on 8 April 2025 on the grounds that 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 (s.51(2)(a) Residential Tenancies Act 1986). The last day of the tenancy was to be 10 June 2025, until the tenant gave her notice to end the tenancy on 30 May 2025.
- The tenant says that no-one moved into the premises within 90 days after the termination date provided in the 63-day notice (i.e. by 9 September 2025). She says she visited on multiple occasions, and no-one is living there. The tenant says she met some painters at the premises on 9 September and they told her the owner was moving in at a later date. She says that she has incurred estimated losses of $6,950.75 due to the short notice; although I note that no evidence of actual loss has been provided in support. The tenant has provided photographs of the premises and a power meter reading purportedly taken on 13 September which shows minimal use since the tenant left.
- Firstly, the tenant has been unable to prove that the landlord agreed to a 7-10 year fixed term tenancy. The only objective evidence in this case is the tenancy agreement which indicates that the parties entered into a periodic tenancy. The tenant has not proven this part of her claim.
- The tenant has not provided sufficient evidence to prove that the landlord has breached the notice provisions set out in section 51(2)(a) RTA. The evidence provided by the tenant falls short of proving that the premises is not being occupied by the owner or other family members. The photographs provided show only the exterior of the premises, and the power meter reading is not determinative.
- As I explained at the hearing, the tenant would have incurred all the moving costs even if a 90-day notice was given instead of a 63-day notice. There is no evidence to suggest that an additional 27 days would have made any material difference.
- For the record, even if the tenant had proved her claim, the other losses such as damage to her car and items sold due to lack of space, are too remote and not reasonably foreseeable losses which the landlord may have been liable for.
- While I acknowledge the frustration, inconvenience and annoyance the tenant has faced in trying to find suitable alternative accommodation in a short period, and this has been exacerbated by the fact she has been unwell, her claim for compensation must be dismissed.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s51(2)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5346441?
The tribunal order states: The application is dismissed.
How much money was awarded in case 5346441?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5346441?
The dispute type was not classified.
Where can I read the official tribunal order for case 5346441?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12967740-Tenancy_Tribunal_Order.pdf.