Tenancy Terminated After Proper Notice Given by Landlord
📌 In brief
The Tenancy Tribunal ruled to terminate a tenancy after the landlord gave 42 days' notice stating the need to use the property as their family's primary residence. The tenant accepted owing water rates but opposed the termination. The Tribunal found the notice valid and ordered the termination, requiring the tenant to vacate by the specified date.
⚖️ Legal holding
A landlord may terminate a periodic tenancy by providing at least 42 days' notice if the owner requires the premises as their principal place of residence.
📖 What the law says
This law states that a landlord must give at least 42 days' notice to end a tenancy if they need the property for themselves or a family member to live in.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to the landlord's intention to use the property as their family's primary residence.
📜 Headnote Official document
In this Tenancy Tribunal case, the tenancy was terminated after the landlord provided 42 days' notice stating the need to use the property as their family's primary residence. The tenant accepted owing water rates but opposed the termination. The Tribunal found the notice valid and ordered the termination, requiring the tenant to vacate by the specified date.
📚 Full judgment Official document
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[2025] NZTT 5217512
TENANCY TRIBUNAL AT WAITAKERE | TE TARAIPIUNARA RETIHANGA KI WAITĀKERE
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [NAME], at 5pm, Tuesday 29 April 2025.
2. The Bond Centre is to pay the bond of $2,520.00 (BN-00011855) immediately apportioned as follows:
[NAME]: $883.80
[NAME]: $1,636.20
3. Payment of the bond is on the basis of the following:
Description Landlord Tenant Rent owed to 29 April 2025 $630.00 Water rates $226.80 Filing fee reimbursement $27.00 Total award $883.80 Bond $883.80 $1,636.20
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Reasons:
1. Both parties attended the in-person hearing.
2. The landlord has applied for termination of the periodic tenancy on the grounds a notice was issued giving the tenant 42-days notice that the premises would be required as the principal residence of the landlord’s family member, rent arrears, compensation for unpaid water rates, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
3. The tenant accepts she owes the landlord the water rates sought, and that she failed to pay rent on 22 April 2025 for the week 23 – 29 April 2025. The tenant opposes the order for termination.
Rent and water rates
4. The landlord provided rent records which prove that the tenant has paid rent up until 22 April 2025.
5. The tenant accepts she did not pay rent due on 22 April 2025 for the week 23 April to 29 April 2025. She says she did not pay rent on the basis she wanted to await the outcome of the hearing on 23 April 2025.
6. By consent, an order for rent owed for the week 23 – 29 April 2025 is made.
7. The landlord states $226.80 is owed for water rates as at 23 April 2025. The tenant accepts that amount is owed for water rates.
8. By consent, an order for the agreed water rates is also made.
Should the tenancy be terminated?
9. The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds that a notice was served on the tenant on 5 March 2025 giving the tenant 42 days’ notice to terminate the periodic tenancy.
10. Section 51(2) of the Residential Tenancies Act 1986 (RTA) states:1
A landlord may terminate a periodic tenancy by giving at least 42 days’ notice if—
(a) 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.
1 Version as at 30 January 2025.
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The evidence
11. The notice dated 5 March 2025, which the landlord says was served by email and by placing it in the tenant’s letter box,2 states 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.
12. The notice states the last day of the tenancy will be 19 April 2025, being 45 days after the date the notice was served.
13. The landlord stated she intended to allow her son and grand-daughter to reside at the premises once the tenant moved out. The landlord said her son’s marriage had ended, and since Christmas, her son and his teenage daughter had been staying with the landlord and her husband. As the landlord’s husband is suffering from ill-health, the landlord says her son and grand-daughter need to move into their own property.
14. The tenant acknowledges they were served with the notice on 5 March 2025, but says that in the day or so after the notice was served, the tenant and landlord had a conversation in which the landlord said she could have another chance to pay rent on time. The tenant says the landlord said the termination notice issued on 5 March 2025 still stands, but that going forward they could “see how things go.”
15. The tenant says on 28 March 2025, the landlord emailed the tenant to say that as she had failed to pay rent on time, the notice issued on 5 March 2025 still stood and the tenant must move out by 19 April 2025.
16. The tenant says although the landlord never promised to withdraw the notice to terminate served on the tenant on 5 March 2025, she does not consider it fair that the landlord now pursues termination.
17. The tenant says her now ex-partner had agreed to pay some of the rent, but failed to do so, and that was the reason she fell behind in rent during March 2025.
My Analysis
18. The landlord has provided evidence that a valid notice to terminate was served on 5 March 2025. The landlord says, and the tenant confirms, the landlord did not revoke the notice at any time.
19. The landlord says, and the tenant confirms, the tenant did not move out by the stated end date of 19 April 2025.
2 Although the address as stated on the notice had the incorrect letterbox number, this did not impact service as it was not served by post.
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20. The tenant has not presented any evidence to suggest the basis on which the notice of termination was issued (that is, that the landlord’s son and grand- daughter intended to live in the premises) was false.
21. I find the notice issued on 5 March 2025 was a valid notice issued under s51(2) of the RTA. The landlord did not at any time revoke or rescind the notice. The tenant failed to vacate the premises as required.
22. Pursuant to ss 77(1) and 78(1)(b) of the RTA, I make an order terminating the tenancy and requiring the tenant to yield possession of the premises at 5pm on 29 April 2025. The tenant is required to pay rent until the tenancy ends, therefore I make an order that rent is paid to 29 April 2025.
Should the tenant reimburse the landlord’s application fee?
23. As the landlord has succeeded with the claim the tenant must reimburse the filing fee.
N Small
23 April 2025
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord provided a valid notice to terminate the tenancy under the Residential Tenancies Act.
- The tenant failed to vacate the premises by the stated end date.
- The tenant accepted owing the landlord the water rates.
- The landlord provided evidence of rent arrears.
❌ Tends to be rejected
- The tenant argued that the landlord verbally offered another chance to pay rent on time.
- The tenant claimed her ex-partner had agreed to pay some rent but failed to do so.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided to terminate the tenancy after the landlord provided 42 days' notice stating the need to use the property as their family's primary residence.
What was the dispute about?
The dispute was about whether the landlord could terminate the tenancy by providing 42 days' notice stating the need to use the property as their family's primary residence.
How did the court decide, and why?
The court decided to terminate the tenancy because the landlord provided a valid notice under the Residential Tenancies Act 1986, section 51(2).
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 51(2) was applied.
What was the argument that mattered most?
The most important argument was that the landlord provided a valid notice under the Residential Tenancies Act 1986, section 51(2), stating the need to use the property as their family's primary residence.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, if a landlord provides a valid notice under the Residential Tenancies Act 1986, section 51(2), the tenancy can be terminated.
What evidence or documents mattered?
The evidence included the notice provided by the landlord and the acceptance of owing water rates by the tenant.