What was the outcome of Tenancy Tribunal case 5423733?

The tribunal order states: The landlord’s application for possession is dismissed.

How much money was awarded in case 5423733?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5423733?

The dispute type was not classified.

Where can I read the official tribunal order for case 5423733?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13002178-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5423733?

The tribunal order states: The landlord’s application for possession is dismissed.

How much money was awarded in case 5423733?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5423733?

The dispute type was not classified.

Where can I read the official tribunal order for case 5423733?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13002178-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 2, 76 Hinau Street, Riccarton, Christchurch Tenancy Tribunal Case 5423733 — Tenancy dispute

Order

The landlord’s application for possession is dismissed.

Reasons

Both parties attended the hearing on 20 January 2026. Prudence Morelle from The Good Girls Property Management Ltd attended on behalf of the landlord.
The landlord sent the tenant a 90-day termination notice dated 8 October 2025. The notice was sent via email on 8 October 2025 and post on 9 October 2025. The termination date recorded in the notice is 5 January 2026. The tenant remains in possession of the premises. The landlord claims the tenancy has ended and seeks an order for possession.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Should a possession order be made in favour of the landlord?

The law

On the application of any person entitled to possession of the premises following the termination of a tenancy, the Tribunal shall make an order granting possession of the premises to that person. 1
A landlord may terminate a periodic tenancy in any case by giving at least 90 days’ notice. 2
A fixed-term tenancy of more than 90 days continues as a periodic tenancy unless: 3 (a) Before the expiry of the fixed term, 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 “effective period” is the period that starts on the 90 th day before the date on which the tenancy expires and ends on the 21 st day before that date. 4 Evidence and submissions of the parties
Ms Morelle gave evidence the tenancy was initially managed by the owner. The Good Girls Property Management Ltd took over management of the tenancy party way through. Ms Morelle claims the owner does not have a copy of the tenancy agreement but has advised the tenancy is a periodic tenancy.
The tenant does not have a copy of the tenancy agreement either, but claims it is a fixed-term tenancy that expires some time in March 2026. Analysis
A landlord may terminate a periodic tenancy by serving the tenant with a 90-day termination notice. A landlord may also serve a tenant of a fixed-term tenancy with a 90-day termination notice, provided the notice is sent within 21 – 90 days before the expiry of the fixed term. The 90-day termination notice constitutes 1 Residential Tenancies Act 1986, section 64(1). 2 Residential Tenancies Act 1986, section 51(1). 3 Residential Tenancies Act 1986, section 60A. 4 Residential Tenancies Act 1986, section 60A(2A). written notice of the landlord’s intention not to continue with the fixed term in these circumstances.
The landlord bares the onus of proving that the 90-day termination notice is valid on the balance of probabilities. The only way it can be valid is if the tenancy is periodic. If the tenancy is a fixed term tenancy ending sometime in March 2026 like the tenant says, the 90-day termination notice is not valid, because it was not sent within the effective period.
The tenant claims the tenancy is a fixed term tenancy that expires some time in March 2026. The tenant claims the tenancy began in March 2025 and was fixed for one year. The tenant claims it was important to them to have a fixed-term tenancy, because it provides them with security in the sense that the tenancy cannot be terminated by the landlord for one year. The tenant claims stability is important to them, because they have three children.
The evidence given by the tenant seems reasonably plausible. Most fixed term tenancies are for one year. The reason given by the tenant as to why it was important to them that they have a fixed term tenancy also makes sense.
The tenant signed the tenancy agreement and gave evidence about its contents, namely that it was a fixed term of one year and expires sometime in March 2026. Ms Morelle did not sign the tenancy agreement, nor was she involved in its drafting. Therefore, Ms Morelle cannot give direct evidence about what the tenancy agreement states. Ms Morelle claims the owner has advised her that the tenancy is periodic however, the owner did not give any evidence at the hearing. The evidence from Ms Morelle about what the owner claims the tenancy agreement states is hearsay and therefore, I do not attach much weight to it. I prefer the evidence of the tenant who saw the tenancy agreement, signed it and was involved in negotiating its terms with the owner.
The landlord has not proven the tenancy is a periodic tenancy on the balance of probabilities. This means that they have also not proven that the 90-day notice is valid and should be enforced.
For these reasons, the landlord’s application for possession is dismissed.

Order

The landlord’s application for possession is dismissed.

Reasons

Both parties attended the hearing on 20 January 2026. Prudence Morelle from The Good Girls Property Management Ltd attended on behalf of the landlord.
The landlord sent the tenant a 90-day termination notice dated 8 October 2025. The notice was sent via email on 8 October 2025 and post on 9 October 2025. The termination date recorded in the notice is 5 January 2026. The tenant remains in possession of the premises. The landlord claims the tenancy has ended and seeks an order for possession.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Should a possession order be made in favour of the landlord?

The law

On the application of any person entitled to possession of the premises following the termination of a tenancy, the Tribunal shall make an order granting possession of the premises to that person. 1
A landlord may terminate a periodic tenancy in any case by giving at least 90 days’ notice. 2
A fixed-term tenancy of more than 90 days continues as a periodic tenancy unless: 3 (a) Before the expiry of the fixed term, 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 “effective period” is the period that starts on the 90 th day before the date on which the tenancy expires and ends on the 21 st day before that date. 4 Evidence and submissions of the parties
Ms Morelle gave evidence the tenancy was initially managed by the owner. The Good Girls Property Management Ltd took over management of the tenancy party way through. Ms Morelle claims the owner does not have a copy of the tenancy agreement but has advised the tenancy is a periodic tenancy.
The tenant does not have a copy of the tenancy agreement either, but claims it is a fixed-term tenancy that expires some time in March 2026. Analysis
A landlord may terminate a periodic tenancy by serving the tenant with a 90-day termination notice. A landlord may also serve a tenant of a fixed-term tenancy with a 90-day termination notice, provided the notice is sent within 21 – 90 days before the expiry of the fixed term. The 90-day termination notice constitutes 1 Residential Tenancies Act 1986, section 64(1). 2 Residential Tenancies Act 1986, section 51(1). 3 Residential Tenancies Act 1986, section 60A. 4 Residential Tenancies Act 1986, section 60A(2A). written notice of the landlord’s intention not to continue with the fixed term in these circumstances.
The landlord bares the onus of proving that the 90-day termination notice is valid on the balance of probabilities. The only way it can be valid is if the tenancy is periodic. If the tenancy is a fixed term tenancy ending sometime in March 2026 like the tenant says, the 90-day termination notice is not valid, because it was not sent within the effective period.
The tenant claims the tenancy is a fixed term tenancy that expires some time in March 2026. The tenant claims the tenancy began in March 2025 and was fixed for one year. The tenant claims it was important to them to have a fixed-term tenancy, because it provides them with security in the sense that the tenancy cannot be terminated by the landlord for one year. The tenant claims stability is important to them, because they have three children.
The evidence given by the tenant seems reasonably plausible. Most fixed term tenancies are for one year. The reason given by the tenant as to why it was important to them that they have a fixed term tenancy also makes sense.
The tenant signed the tenancy agreement and gave evidence about its contents, namely that it was a fixed term of one year and expires sometime in March 2026. Ms Morelle did not sign the tenancy agreement, nor was she involved in its drafting. Therefore, Ms Morelle cannot give direct evidence about what the tenancy agreement states. Ms Morelle claims the owner has advised her that the tenancy is periodic however, the owner did not give any evidence at the hearing. The evidence from Ms Morelle about what the owner claims the tenancy agreement states is hearsay and therefore, I do not attach much weight to it. I prefer the evidence of the tenant who saw the tenancy agreement, signed it and was involved in negotiating its terms with the owner.
The landlord has not proven the tenancy is a periodic tenancy on the balance of probabilities. This means that they have also not proven that the 90-day notice is valid and should be enforced.
For these reasons, the landlord’s application for possession is dismissed.

Tenancy Tribunal case 5423733 — Tenancy dispute at Unit/Flat Flat 2, 76 Hinau Street, Riccarton, Christchurch

At a glance

Tenancy Tribunal case 5423733 — Tenancy dispute at Unit/Flat Flat 2, 76 Hinau Street, Riccarton, Christchurch

At a glance

Claims & awards

Order

Reasons

Should a possession order be made in favour of the landlord?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should a possession order be made in favour of the landlord?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions