What was the outcome of Tenancy Tribunal case 5501829?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5501829?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5501829?

The dispute type was not classified.

Where can I read the official tribunal order for case 5501829?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13635965-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5501829?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5501829?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5501829?

The dispute type was not classified.

Where can I read the official tribunal order for case 5501829?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13635965-Tenancy_Tribunal_Order.pdf.

1E Valron Road, Te Atatū South, Auckland 0602 Tenancy Tribunal Case 5501829 — Tenancy dispute

Reasons

The Tribunal must consider an application filed by the landlord against the tenant. The landlord seeks a possession order and bond refund for water rates.

Only the landlord appeared at the hearing. I am satisfied that the tenant has been properly notified of the hearing, and therefore, I will proceed to consider the claim in her absence.

BACKGROUND

The landlord is ‘A Grade Rental Homes on behalf of Q & Z Family Trust’. The tenant is Sarah Francis Hikuroa.

The parties entered into a fixed-term tenancy agreement for a tenancy end date of 5 May 2026.

On 28 January 2026 the landlord issued a notice to the tenant by email, advising that the tenancy would not continue past the tenancy end date of 5 May 2026.

The tenant did not vacate the premises on 5 May 2026. I can see that the landlord then provided a one-week extension to 13 May 2026, but nothing turns of that extension.

The landlord has now applied for a possession order as well as an order for water rates to be paid from the bond.

ANALYSIS

The primary application from the landlord, is for a possession order, based on the notice issued on 28 January 2026.

The tenancy is a fixed-term tenancy, which was to end on 5 May 2026.

Section 60A of the Residential Tenancies Act 1986 (RTA) is relevant, that confirms the following: 60A Fixed-term tenancy becomes periodic unless contrary notice 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. (2A) 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. [Adjudicators emphasis]

What those provisions mean, is that if the landlord wants to end the tenancy at the end of the fixed term period, then they must give the tenant notice during the ‘effective period’ which is between 90 and 21 days before the tenancy end date.

Because the tenancy end date is 5 May 2026, then that means that the notice needed to be issued between 4 February 2026 and 14 April 2026.

In this case, the landlord has not given the tenant notice during the effective period, the notice was prior to that period commencing.

As I indicated to the property manager today, notices to end tenancies and the requirements around them are interpreted strictly.

Because a valid termination notice was not issued during the effective period, the tenancy became a periodic tenancy since 5 May 2026. That means the tenancy continues, but either party can give notice to end the tenancy as a periodic tenancy.

But as far as this application is concerned, it must be dismissed; there is no basis upon which the Tribunal could grant a possession order.

Order

The application is dismissed.

Reasons

The Tribunal must consider an application filed by the landlord against the tenant. The landlord seeks a possession order and bond refund for water rates.
Only the landlord appeared at the hearing. I am satisfied that the tenant has been properly notified of the hearing, and therefore, I will proceed to consider the claim in her absence.

BACKGROUND

The landlord is ‘A Grade Rental Homes on behalf of Q & Z Family Trust’. The tenant is Sarah Francis Hikuroa.
The parties entered into a fixed-term tenancy agreement for a tenancy end date of 5 May 2026.
On 28 January 2026 the landlord issued a notice to the tenant by email, advising that the tenancy would not continue past the tenancy end date of 5 May 2026.
The tenant did not vacate the premises on 5 May 2026. I can see that the landlord then provided a one-week extension to 13 May 2026, but nothing turns of that extension.
The landlord has now applied for a possession order as well as an order for water rates to be paid from the bond.

ANALYSIS

The primary application from the landlord, is for a possession order, based on the notice issued on 28 January 2026.
The tenancy is a fixed-term tenancy, which was to end on 5 May 2026.
Section 60A of the Residential Tenancies Act 1986 (RTA) is relevant, that confirms the following: 60A Fixed-term tenancy becomes periodic unless contrary notice 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. (2A) 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. [Adjudicators emphasis]
What those provisions mean, is that if the landlord wants to end the tenancy at the end of the fixed term period, then they must give the tenant notice during the ‘effective period’ which is between 90 and 21 days before the tenancy end date.
Because the tenancy end date is 5 May 2026, then that means that the notice needed to be issued between 4 February 2026 and 14 April 2026.
In this case, the landlord has not given the tenant notice during the effective period, the notice was prior to that period commencing.
As I indicated to the property manager today, notices to end tenancies and the requirements around them are interpreted strictly.
Because a valid termination notice was not issued during the effective period, the tenancy became a periodic tenancy since 5 May 2026. That means the tenancy continues, but either party can give notice to end the tenancy as a periodic tenancy.
But as far as this application is concerned, it must be dismissed; there is no basis upon which the Tribunal could grant a possession order.

Tenancy Tribunal case 5501829 — Tenancy dispute at 1E Valron Road, Te Atatū South, Auckland 0602

At a glance

Claims & awards

Tenancy Tribunal case 5501829 — Tenancy dispute at 1E Valron Road, Te Atatū South, Auckland 0602

At a glance

Claims & awards

Order

Reasons

BACKGROUND

ANALYSIS

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

BACKGROUND

ANALYSIS

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions