Tenant's claim dismissed by Tenancy Tribunal
📌 In brief
The Tenancy Tribunal dismissed a tenant's claim that the landlord terminated the tenancy without grounds. The Tribunal ruled that the landlord was entitled to terminate the boarding house tenancy without stating a reason if 28 days' notice was given, which it was.
⚖️ Legal holding
A landlord is entitled to terminate a boarding house tenancy without stating a reason if 28 days' notice is given.
📖 Technical summary
The Tenancy Tribunal dismissed the tenant's claim that the landlord terminated the tenancy without grounds.
📜 Headnote Official document
The Tenancy Tribunal dismissed a tenant's claim that the landlord terminated the tenancy without grounds. The Tribunal ruled that the landlord was entitled to terminate the boarding house tenancy without stating a reason if 28 days' notice was given, which it was.
📚 Full judgment Official document
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[2025] NZTT 5010449
TENANCY TRIBUNAL - Auckland | Tāmaki Makaurau
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: Room G2, [ADDRESS], [POSTCODE], Residence Panmure
ORDER
1. The application is dismissed.
Reasons:
1. Both parties attended the hearing.
2. The tenant claims the landlord terminated the tenancy without grounds. The tenant seeks compensation and a refund of their bond.
3. As the applicant, the tenant must prove their claim to the civil law standard of proof, on the balance of probabilities.
TERMINATION OF TENANCY WITHOUT GROUNDS
4. Section 60AA Residential Tenancies Act 1986 (RTA) states:
Landlord acting to terminate tenancy without grounds
A landlord commits an unlawful act if they give or purport to give a notice to terminate to the tenancy or apply or purport to apply to the Tribunal for an order terminating the tenancy knowing
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that they are not entitled, under this Act, to give the notice or to make the application.
5. This was a boarding house tenancy. It began on 10 July 2024 and ended on 17 September 2024.
6. On 9 September 2024, the landlord served the tenant a notice terminating the tenancy. On 15 September 2024, the tenant gave the landlord counter-notice terminating the tenancy.
7. The tenant claims no reason was given in the notice provided by the landlord and therefore, the landlord terminated the tenancy without grounds pursuant to section 60AA RTA.
8. Section 66U(1)(d) RTA permits a landlord of a boarding house tenancy to terminate a boarding house tenancy by giving 28 days’ notice if no reason for termination is given.
9. Section 66U(2) RTA stipulates the requirements that a notice terminating a boarding house tenancy must comply with. Section 66U(2)(d) RTA requires a notice to state the reason for the termination unless 28 days’ notice is given, in which case no reason need by given.
10. The landlord submitted a copy of the termination notice given to the tenant on 9 September 2024. No reason is given for the termination however, the tenant is given 28 days’ notice. The notice complies with all of the requirements under section 66U(2) RTA.
11. The landlord was entitled under the RTA to terminate this boarding house tenancy for no reason provided 28 days’ notice was given, which it was. The landlord did not breach section 60AA RTA by not stating a reason for the termination.
12. The tenant’s application that the landlord terminated the boarding house tenancy without grounds is dismissed.
BOND
13. The tenant seeks a refund of the bond paid at the beginning of the tenancy.
14. The landlord claims they refunded the bond to the tenant on 18 September 2024. The landlord submitted a rent summary and copy of an electronic bank transfer confirming the same.
15. I am satisfied on the balance of probabilities that the bond has already been refunded to the tenant.
16. The tenant’s claim for a refund of the bond is dismissed.
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FILING FEE
17. The tenant has not been wholly or substantially successful in their claim. Therefore, I do not order the landlord to reimburse the filing fee.
[NAME]
18 February 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 28 days' notice to terminate the tenancy.
- The notice met all the legal requirements under the Residential Tenancies Act.
- The landlord refunded the bond to the tenant before the tribunal hearing.
❌ Tends to be rejected
- The tenant claimed the landlord terminated the tenancy without valid grounds.
- The tenant sought compensation for the termination, but the landlord was within their rights.
- The tenant requested a refund of the bond, but the tribunal confirmed the bond had already been refunded.
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 claim that the landlord terminated the tenancy without grounds.
What was the dispute about?
The tenant claimed the landlord terminated the tenancy without grounds and sought compensation and a refund of their bond.
How did the court decide, and why?
The court decided that the landlord was entitled to terminate the boarding house tenancy without stating a reason if 28 days' notice was given, which it was.
Which laws or rules were applied?
Section 60AA and Section 66U of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The argument that mattered most was whether the landlord was entitled to terminate the tenancy without stating a reason if 28 days' notice was given.
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, a landlord is entitled to terminate a boarding house tenancy without stating a reason if 28 days' notice is given.
What evidence or documents mattered?
The evidence included the termination notice given by the landlord and the rent summary and electronic bank transfer showing the bond had been refunded.