Tenant's Application to Set Aside Notice Dismissed
📌 In brief
The Tenancy Tribunal dismissed a tenant's application to set aside a valid 90-day notice to terminate their tenancy. The Tribunal ruled that the notice was valid under the Residential Tenancies Act 2024.
⚖️ Legal holding
A tenant cannot set aside a valid 90-day notice to terminate under the Residential Tenancies Act 2024.
📖 Technical summary
The Tribunal dismissed the tenant's application to set aside the 90-day notice to terminate the tenancy.
📜 Headnote Official document
The Tenancy Tribunal dismissed a tenant's application to set aside a valid 90-day notice to terminate their tenancy. The Tribunal found the notice to be valid under the Residential Tenancies Act 2024.
📚 Full judgment Official document
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[2025] NZTT 5241216
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant name and identifying details.
2. The application is dismissed.
Reasons:
1. Both parties attended the hearing via remote teleconference. This matter was scheduled for a brief 30-minute telephone hearing.
2. The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
3. The tenancy began on or about 31 March 2012.
4. The tenant claims that the landlord has served him with a 90 day notice to terminate. The notice was issued pursuant to the recent amendments to the Residential Tenancies Act.
5. The tenant claims that the notice to terminate is grossly unfair and is punishing him as a loyal tenant. He further argued that it will be extremely difficult to find a new place to rent, especially with his large aviary and five beehives. The tenant also raised a number of other issues concerning the current law of which I have no control of.
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6. The landlord provided the Tribunal with a copy of the 90-day notice during the hearing. The notice provides no reasons for the termination as allowed by the recent Residential Tenancies Amendment Act 2024. The notice was issued under section 51(1) RTA.
7. Residential Tenancies Amendment Act 2024, section 26, allows as follows:
s26: Section 51 amended (Termination by notice) (1) Replace section 51(1) to (2A) with: (1) A landlord may terminate a periodic tenancy in any case by giving at least 90 days’ notice.
8. The tenant asks the Tribunal to set the notice aside or extend the possession date.
9. The notice as served on the applicant dated 21 February 2025 is a valid notice under the Act. I see no grounds to set the notice aside. I also do not have jurisdiction to order further time before possession is returned to the landlord.
10. The application must therefore be dismissed.
11. Because the tenant has been unsuccessful in his application I do not reimburse the filing fee.
12. During the hearing the landlord offered the tenant further time to vacate the premises. The new possession date is now Monday 30 June 2025. The landlord has emailed the tenant an amended notice reflecting this new possession date.
13. The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act.
14. The tenant applied for non-publication of his name and identifying details. Although he has not succeeded in these proceedings I do not consider that publication is in the public interest or is justified.
https://www.legislation.govt.nz/act/public/2024/0052/latest/link.aspx?id=DLM95514#DLM95514
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15. Accordingly, I order suppression of the tenant’s name.
[NAME] 07 May 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 90-day notice to terminate the tenancy as required by the Residential Tenancies Act 2024.
- The notice met the legal requirements without needing to provide specific reasons for termination.
❌ Tends to be rejected
- The tenant claimed the notice to terminate was grossly unfair and would make it difficult to find new accommodation.
- The tenant asked the Tribunal to set the notice aside or extend the possession date beyond the 90-day period.
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 to set aside the 90-day notice to terminate the tenancy.
What was the dispute about?
The tenant claimed that the landlord's 90-day notice to terminate the tenancy was grossly unfair and asked the Tribunal to set it aside.
How did the court decide, and why?
The Tribunal decided that the notice was valid and dismissed the application because the tenant failed to prove that the notice was invalid.
Which laws or rules were applied?
The Residential Tenancies Act 2024, specifically section 26, was applied.
What was the argument that mattered most?
The tenant argued that the notice was unfair and that it would be difficult to find a new place to live with his large aviary and beehives.
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?
Someone in a similar situation may face the same outcome if they cannot prove that the notice to terminate is invalid.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.