Tenant's Claim Dismissed Due to Notice Non-Compliance
📌 In brief
The Tenancy Tribunal dismissed the claimant's application because the notices given by the landlord did not meet the requirements set out in the Residential Tenancies Act. Specifically, the notices failed to inform the tenant of their right to challenge the notice in the Tribunal.
⚖️ Legal holding
A tenant is entitled to challenge a notice under s55A(2) of the Residential Tenancies Act if the notice complies with the statutory requirements.
📖 Technical summary
The claimant's application was dismissed due to non-compliance with the Residential Tenancies Act.
📜 Headnote Official document
The Tenancy Tribunal dismissed the claimant's application due to non-compliance with the Residential Tenancies Act. The notices provided by the landlord did not inform the tenant of their right to challenge the notice in the Tribunal, as required by s55A(2)(iv).
📚 Full judgment Official document
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[2025] NZTT 5252060
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord’s names and identifying details.
2. The application is dismissed.
Reasons:
1. Both parties attended the hearing which was held at the Tauranga Tribunal.
2. The applicant brought a claim against the tenant seeking some kind of resolution regarding breaches of the [NAME].
3. The applicant has sent 3 notices to the tenant regarding noise complaints received by neighbours, and 3 notices relating to persons residing at the premises who are not tenants.
4. The applicant stated that these were 14-day notices to remedy. However, there was no mention in any of the notices of the 14 days.
5. The applicant also stated that these notices could be seen as notices under s55A of the [NAME] which provides for termination for anti-social behaviour.
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6. However none of the notices comply with the provisions of s55A(2) because the notices do not advise the tenant of her right to apply to the Tribunal challenging the notice, as required by s55A(2)(iv).
7. I am dismissing the claim because the notices do not comply with the provisions of the [NAME].
8. I am allowing suppression of the tenant’s name because the tenant was wholly successful in the claim against her – see s95A(3) of the [NAME].
9. I am also allowing suppression of the landlord’s name pursuant to s95A(1) because I see that the inadequacy of the notices was a genuine mistake and I do not consider that there is any public interest in having the landlord’s name publicised.
[NAME] 28 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 tenant was wholly successful in the claim against her, leading to the suppression of her name.
- The landlord's name was suppressed because the inadequacy of the notices was a genuine mistake.
❌ Tends to be rejected
- The landlord's notices did not comply with s55A(2) because they failed to inform the tenant of her right to challenge the notice.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The claimant's application was dismissed because the notices did not comply with the Residential Tenancies Act.
What was the dispute about?
The dispute was about whether the notices given by the landlord met the legal requirements for challenging the notice in the Tenancy Tribunal.
How did the court decide, and why?
The court decided to dismiss the claimant's application because the notices did not inform the tenant of their right to challenge the notice in the Tribunal, as required by the Residential Tenancies Act.
Which laws or rules were applied?
The Residential Tenancies Act 1, specifically section 55A(2)(iv), was applied.
What was the argument that mattered most?
The argument that mattered most was that the notices did not provide the tenant with the necessary information to challenge the notice in the Tribunal.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that notices must comply with the specific requirements of the Residential Tenancies Act to be valid.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered, but it focused on the content and compliance of the notices provided by the landlord.