Tenant's Claim for Extension and Damages Dismissed
📌 In brief
The Tenancy Tribunal dismissed a tenant's application for extending the tenancy and seeking damages. The Tribunal found the termination notice valid and not retaliatory or harassing. The notice was valid as it met statutory requirements and was not shown to be motivated by the tenant's exercise of rights under the tenancy agreement or any Act.
⚖️ Legal holding
A tenant cannot obtain an extension of a valid termination notice period or exemplary damages for harassment and retaliation unless they meet specific statutory requirements.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a termination notice if the landlord gave it because the tenant used their rights under the tenancy agreement or the law, or made a complaint against the landlord. The tenant must apply within 14 working days of receiving the notice.
This rule states that a tenant has the right to peaceful enjoyment of their home without being disturbed by the landlord. It also says that a landlord must not interfere with the tenant's peace, comfort, or privacy, and that harassing a tenant in this way is against the law.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal dismissed the tenant's claim for an extension of the tenancy and exemplary damages.
📜 Headnote Official document
The Tenancy Tribunal dismissed a tenant's application for extending the tenancy and seeking damages, finding the termination notice valid and not retaliatory or harassing. The notice was valid as it met statutory requirements and was not shown to be motivated by the tenant's exercise of rights under the tenancy agreement or any Act.
📚 Full judgment Official document
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[2025] NZTT 5244991
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [ADDRESS], Hihi, RD 1, Mangonui 0494
ORDER
1. The application by [NAME] for an extension of the term of her tenancy and exemplary damages is dismissed.
2. By way of declaration and for the avoidance of doubt the end date of the tenancy in terms of the 90 day notice is 8 May 2025.
Reasons:
3. Both parties attended the hearing remotely by telephone.
4. On 25/4/2025 the tenant filed a claim for a six month extension of the 90 day notice period she had received to end her tenancy.
5. Three days before the hearing the tenant sought to extend her claim and include exemplary damages for harassment and retaliatory notice.
6. Despite the lack of notice the landlord agreed all the claims could be heard today.
7. The tenancy is a long standing periodic tenancy which began on 26/11/2018.
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Was the notice to terminate the tenancy valid?
8. The tenant confirmed that she received a 90 day notice on 7/2/2025 to end the tenancy on 8/5/2025.
9. Although a copy of the notice was not provided in the documents submitted with the application the tenant read out the notice at the hearing.
10. The notice was sent pursuant to section 51(2)(f) because the landlord wished to undertake extensive alterations and it would not be reasonably practicable for the tenant to remain in occupation while the work was undertaken.
11. The landlord confirmed that the owner of the property had asked for the notice to be issued.
12. Further due to the fact that the tenant was still residing in the premises the owner had advised the landlord that she had cancelled the tradespeople who were due to come to the property this coming weekend to start work.
13. From 30 January 2025 under section 51(1) a landlord may terminate a periodic tenancy, without reasons, by giving at least 90 days notice.
14. I find the notice is valid because it was in writing and gave the required 90 days.
15. Although the notice included reasons for the termination, due to the amendment to the legislation this was not necessary.
16. Unfortunate as it may be for the tenant the Tribunal does not have jurisdiction to extend a notice period to end a tenancy if the notice is valid, as it is in this case.
Was the notice retaliatory?
17. From 30 January 2025 for a notice to be declared retaliatory, the tenant must prove:
a. that in terminating the tenancy, the landlord was motivated wholly or partly by the tenant exercising a right, power, authority, or remedy under the tenancy agreement or any Act, or by any complaint against the landlord relating to the tenancy:
b. that, in giving the notice, the landlord was motivated wholly or partly by the exercise or performance, or proposed exercise or performance, by the chief executive or any other person of any power or function conferred under this or any other Act in respect of the tenancy or premises See section 54(2)(a)&(b) Residential Tenancies Act 1986.
18. The tenant must make the application within 28 working days after receiving the termination notice and may apply for an order declaring the notice to be of no effect.
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19. Under subsection (5) the Tribunal need not declare a notice retaliatory if satisfied that the purported exercise by the tenant of any such right, power, authority or remedy or the making by the tenant of any such complaint was or would be vexatious or frivolous to such an extent that the landlord was justified in giving notice.
20. 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(4) and Schedule 1A Residential Tenancies Act 1986.
21. What is at issue here is whether the notice was of any effect because in giving the notice the landlord was motivated either wholly or in part by the exercise by the tenant of any right, power, authority or remedy conferred by the tenancy agreement or Act.
22. There are four issues to consider:
a. Does the termination notice comply with section 51 RTA?
b. If so, was the application made within 28 working days of the notice being served? If not, are there grounds to extend the notice period under s 96(2) RTA? In Realty House Whakatane Limited v Eschbank [2020] NZDC 16081, the District Court held that the time limit for filing an application is mandatory but may be extended in limited circumstances.
c. Has the tenant proved that, in terminating the tenancy, the landlord was motivated wholly or partly by the tenant exercising a right under the tenancy agreement or any enactment, or by any complaint against the landlord?
d. If so, was the landlord justified in giving the notice because the tenant’s issue or complaint was frivolous or vexatious?
23. As mentioned above the notice does comply with section 51(1).
24. However, the application by the tenant was made on 5/5/2025, well outside the 28 day timeframe since the notice to terminate was issued.
25. This means even if the notice was found to be retaliatory the Tribunal would be unable to declare it was of no effect.
26. The Tribunal has held that the term motivate has the ordinary dictionary meaning “to give impetus to … to impel”. Usually there will be little direct evidence about the landlord’s intent in giving a termination notice. Therefore, the Tribunal must consider what inferences, if any, can be drawn from the timing and sequence of events.
27. Where there is a short period of time between the tenant raising an issue about the tenancy and the landlord serving a notice, this may lead to a strong inference that the landlord was at least partly motivated by the tenant exercising
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their rights. In this situation, the evidential onus shifts to the landlord to show that there was a legitimate reason for the notice.
28. His Honour Judge Ongley found in [NAME] v [NAME] DC Porirua M.A. 244/88 3 November 1988 that a notice was not retaliatory if it was given for genuine and fair reasons.
29. The position of the tenant is understandable, especially since she has been unable to find suitable alternative accommodation.
30. However, and unfortunate as it may be for the tenant the evidence does not prove that the landlord was motivated by the tenant exercising any right, power, authority, or remedy under the tenancy agreement or any Act, or by any complaint against the landlord relating to the tenancy.
31. The landlord was clear that the notice was issued because the premises were to be renovated and refurbished.
32. I am persuaded by the evidence of the landlord that the notice terminating the tenancy was given for fair and genuine reasons and was not retaliatory.
33. The application by the tenant fails and the landlord has not committed an unlawful act.
Has the landlord harassed the tenant?
34. The tenant suggested that the landlord had harassed her with what she believed were “unsubstantiated accusations about cleanliness”.
35. In addition, the tenant believed that the landlord had treated her unfairly and made it difficult for her to find alternative suitable accommodation.
36. On the other hand, the landlord suggested the tenant had taken the cleanliness issues personally and that previous 14 day notices had been issued.
37. The landlord submitted that she had sent the tenant other rental options.
38. A landlord must not interfere with the reasonable peace, comfort, or privacy of the tenant in their use of the premises. See section 38(2) Residential Tenancies Act 1986.
39. Breaching this obligation in circumstances that amount to harassment is an unlawful act for which exemplary damages may be awarded up to a maximum of $3,000.00. See section 38(3) and Schedule 1A RTA.
40. Harassment means "to trouble, worry or distress" or "to wear out, tire, or exhaust" and "indicates a particular pattern of behaviour directed towards another person". [NAME] v [NAME], CIV-2009-[PHONE], DC Hamilton, 26 February 2010.
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41. The applicant, in this case the tenant, is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
42. I find the evidence does not establish that the landlord has committed an unlawful act.
43. There is nothing in the correspondence provided by both parties to persuade me that the landlord engaged in a particular pattern of behaviour towards the tenant designed to stress, worry, or tire her out.
44. It is unfortunate for the tenant that she received notice to terminate what has been a long standing tenancy and has been unable to find alternative accommodation suitable to her. However, this does not amount to harassment on the part of the landlord.
45. The claim for exemplary damages fails.
46. No filing fee is awarded because the tenant was unsuccessful with her application.
[NAME]
08 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 termination notice was valid as it met the statutory requirements and provided the required 90-day notice period.
- The landlord was clear that the notice was issued for renovations, providing a legitimate reason for the termination.
- The tenant did not provide sufficient evidence to prove that the landlord was motivated by the tenant exercising any rights under the tenancy agreement.
- The correspondence between the parties did not indicate a pattern of behavior designed to harass the tenant.
❌ Tends to be rejected
- The tenant's request for an extension of the notice period was denied as the Tribunal lacks jurisdiction to extend a valid notice period.
- The tenant's claim for exemplary damages for harassment and retaliation was denied due to insufficient evidence proving the landlord's motives or harassment.
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 for an extension of the tenancy and exemplary damages.
What was the dispute about?
The tenant sought an extension of the tenancy and damages, claiming the termination notice was retaliatory and harassing.
How did the court decide, and why?
The court decided that the termination notice was valid and not retaliatory or harassing, as the tenant failed to prove the landlord was motivated by the tenant's actions.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 54 and 38, were applied.
What was the argument that mattered most?
The argument that mattered most was whether the termination notice was valid and not retaliatory or harassing.
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?
Someone in a similar situation should ensure they meet the statutory requirements for challenging a termination notice and provide sufficient evidence to support their claims.
What evidence or documents mattered?
The evidence and documents that mattered included the termination notice, correspondence between the parties, and the timing of events.