Tenant Loses Retaliatory Termination Notice Claim at Tenancy Tribunal
📌 In brief
The Tenancy Tribunal dismissed a tenant's application seeking a declaration that a termination notice was retaliatory and an award of exemplary damages. The tenant claimed the notice was retaliatory because they reset a wifi extender. However, the Tribunal found insufficient evidence to support the claim.
⚖️ Legal holding
A tenant must prove that the landlord was motivated wholly or partly by the tenant exercising a right under the tenancy agreement or any Act to declare a termination notice retaliatory.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a landlord's termination notice if the tenant believes the landlord gave the notice because the tenant used a right they had under their tenancy agreement or any law, or because the tenant complained about the landlord.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal dismissed the claimant's application for a declaration that the termination notice was retaliatory and for an award of exemplary damages.
📜 Headnote Official document
The Tenancy Tribunal dismissed a tenant's application seeking a declaration that a termination notice was retaliatory and an award of exemplary damages. The tenant argued that the notice was retaliatory due to resetting a wifi extender. The Tribunal found insufficient evidence to support the claim.
📚 Full judgment Official document
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[2025] NZTT 5206331
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: Room 16, [ADDRESS], [POSTCODE], [ADDRESS]
1. The application for the notice of termination to be declared retaliatory and for an award of exemplary damages is dismissed.
Reasons:
1. Both parties attended the hearing which was held by video conference.
2. The tenant has applied to the Tribunal to make a declaration that the notice of termination of his tenancy dated 19 March 2025 was retaliatory and for an award of exemplary damages.
3. In support of his claim the tenant provided evidence of a 14 day notice issued to him on 21 February 2025 requiring him to cease ‘interfering’ with the internet
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connection. He states that he was within his rights to re-set the wifi extender, which he did several times, so that he could access the 5G network.
4. He also stated that the other tenants got together and requested that the landlord evict him and that he has been subjected to ongoing harassment by another tenant.
5. For a notice to be declared retaliatory, the tenant must prove that in terminating the tenancy, the landlord was motivated wholly or partly by the tenant exercising a right under the tenancy agreement or any Act, or by any complaint against the landlord. See section 54(1) Residential Tenancies Act 1986.
6. Giving a termination notice which is declared to be retaliatory is an unlawful act for which exemplary damages may be awarded, up to a maximum of $6,500.00. See section 54(2), (3) and Schedule 1A Residential Tenancies Act 1986.
7. As an applicant, the tenant is required to prove his case “on the balance of probabilities”. That is, that more likely than not, the landlord was motivated, either wholly or in part, to terminate his tenancy, because he exercised his right to re-set the wifi.
8. On the evidence available to me, the applicant has not satisfied me that it is more likely than not that that his tenancy was terminated because of his exercise of this right.
9. I make this finding for reasons that include:
(a) I accept the landlord’s evidence that on the same day as giving the 14 day notice to remedy, she concluded that the tenant was not responsible for the wifi issue; and
(b) She then sent out a general letter to all tenants re the wifi; and
(c) On 26 February 2025 a technician came and fixed the wifi issue; and
(d) Although she did not then retract her 14 day notice to the tenant, I accept that she no longer regarded this as a particular issue for which the tenant was responsible.
10. Having made these findings, the notice to terminate cannot then have been motivated, either wholly or in part, by the tenant’s exercise of his rights to re-set the wifi.
11. I accept that the notice to terminate was motivated by other tenants wanting the landlord to evict him. Acting on other tenants’ wishes cannot be considered to be terminating a tenancy because the tenant was acting on a right extended to him by the agreement or the Residential Tenancies Act 1986.
12. For these reasons I find that the notice to terminate was not retaliatory.
13. Having made this finding there will be no award of exemplary damages.
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14. Further to this, the tenant was not successful with his claim and so he is to bear his own cost of filing this application.
[NAME]
02 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's evidence that she concluded the tenant was not responsible for the wifi issue on the same day as the 14-day notice was accepted.
- The landlord sent a general letter to all tenants regarding the wifi issue after the 14-day notice.
- A technician fixed the wifi issue a few days after the 14-day notice was given.
- The landlord no longer considered the wifi issue a particular problem for which the tenant was responsible, even though the 14-day notice was not retracted.
- The termination notice was motivated by other tenants wanting the landlord to evict the tenant.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal dismissed the tenant's application seeking a declaration that the termination notice was retaliatory and an award of exemplary damages.
What was the dispute about?
The dispute was about whether the termination notice given to the tenant was retaliatory because the tenant had reset a wifi extender.
How did the court decide, and why?
The court decided that the termination notice was not retaliatory because the tenant failed to provide sufficient evidence to prove that the landlord was motivated by the tenant's actions.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 54, was applied to determine whether the termination notice was retaliatory.
What was the argument that mattered most?
The most important argument was that the tenant must prove that the landlord was motivated by the tenant's exercise of a right under the tenancy agreement or any Act.
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, it means that they need to provide strong evidence to prove that the termination notice was retaliatory.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.