Tenant Successfully Proves Termination Date via Email
📌 In brief
The Tenancy Tribunal ruled that a tenant could prove the termination date of their tenancy through email service, as per the Residential Tenancies Act.
⚖️ Legal holding
A tenant is entitled to prove the termination date of a tenancy through email under the Residential Tenancies Act.
📖 What the law says
This section explains how official notices or documents related to a tenancy can be properly delivered to a landlord or tenant. It lists several ways, including personal delivery, sending by post to a specified address, or leaving it at the rental property.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant successfully proved the termination date of the tenancy via email.
📜 Headnote Official document
The Tenancy Tribunal confirmed that a tenant could prove the termination date of a tenancy through email service under the Residential Tenancies Act.
📚 Full judgment Official document
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[2025] NZTT 5237916
TENANCY TRIBUNAL AT NORTH SHORE | TE TARAIPIUNARA RETIHANGA KI ŌKAHUKURA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The [COMPANY] is to pay the bond of $2,000.00 (6300807-001) immediately apportioned as follows:
[NAME]: $73.00
[NAME] and [NAME]: $1,927.00
Description Landlord Tenant Filing fee reimbursement $27.00 Light with base by agreement $100.00 Total award $100.00 $27.00 Net award $73.00 Bond $73.00 $1,927.00
Reasons:
1. Both parties attended the hearing via teleconference. The court [NAME] interpreter also attended the hearing.
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2. The tenancy started on or about 22 November 2018. The tenancy was a periodic one at the time the tenants served the landlord with the notice to terminate.
3. The tenants served a 21 day notice to terminate on the landlord. The notice was served by email and dated 9 April 2025. The email was sent to the landlord’s email address for service.
4. The tenants state that they sent a follow up text to the landlord one week later when they had not received a response to their original email. They resent the original email again to the landlord on 15 April 2025. The tenants claim that the final day of their tenancy is 30 April 2025. The landlord argues that because she only received the notice to terminate on 15 April 2025 the tenancy should end one week later on 7 May 2025.
5. The landlord says that she did not receive the email on 9 April 2025.
6. The tenant, as the applicant, is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
7. How a notice is served is covered by section 136 of the Residential
Tenancies Act (“RTA”) which says – “136(1)
Where any notice or other document is required or authorised by this Act to be given to or served on a landlord or a tenant, it shall be sufficient if it is given or served in any of the following ways:
(a) it may be given to or served on the landlord or the tenant personally:
(b) it may be sent by post addressed to the landlord or the tenant at the address or the Post Office box given by the landlord or the tenant as an address for service in accordance with this Act:
(ba) if the landlord is a company, it may be sent by post addressed to the landlord at the address of the landlord’s registered office:
(c) it may be delivered to the premises to which any address for service relates, and either placed in the mailbox or attached to the door in a prominent position:
(ca) if the landlord is a company, it may be delivered to the landlord’s registered office, and either placed in the mailbox or attached to the door in a prominent position:
(d) it may be transmitted to the email address or facsimile number given by the landlord or the tenant as an address for service.
8. The tenants provided evidence with their application confirming that the email dated 9 April 2025 was sent to the landlord. They also provided further evidence during the hearing of the email sent which clearly shows the landlord’s email
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address. The landlord also confirmed during the hearing that the email address recorded is her correct email address.
9. The landlord seeks to have a further payment of one weeks rent deducted from the bond. The landlord has not lodged an application of her own in respect of this claim.
10. The evidence before me leaves no doubt that the tenants served the landlord in the correct form on 9 April 2025. A notice is deemed to have been served when sent by email to the address for service as recorded.
11. I am entirely satisfied that the tenancy end date is in fact 30 April 2025 as served by valid email notice to the landlord on 9 April 2025, irrespective of whether the landlord saw the email or not.
12. The tenants’ claim is proven.
13. During the hearing the landlord stated that she was seeking to have $100.00 deducted from the bond for the repair/replacement of a light and base. The tenants confirmed during the hearing that they accept this claim. Accordingly, I have deducted the amount of $100.00 as agreed by the parties.
14. [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
15. I am also very grateful to the parties and the [NAME] interpreter for attending the hearing by telephone at short notice.
M Manhire
30 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 tenants successfully proved they sent the termination notice by email on April 9, 2025.
- The Residential Tenancies Act allows notices to be served by email to a given address for service.
- The landlord confirmed that the email address used by the tenants was her correct address for service.
- The tenants' claim for the tenancy to end on April 30, 2025, was accepted because the notice was validly served by email on April 9, 2025.
- The tenants agreed to a $100 deduction from the bond for a light and base repair/replacement.
❌ Tends to be rejected
- The landlord's argument that she did not receive the email on April 9, 2025, was rejected.
- The landlord's claim for an additional week's rent was rejected because she did not file her own application for it.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided that the tenant successfully proved the termination date of the tenancy via email.
What was the dispute about?
The dispute was about whether the termination date of the tenancy was 30 April 2025 or 7 May 2025.
How did the court decide, and why?
The court decided in favour of the tenant, stating that the tenancy ended on 30 April 2025 as served by a valid email notice.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 136 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant provided evidence confirming the email was sent to the landlord's correct email address.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation can prove the termination date of their tenancy through email service.
What evidence or documents mattered?
The email sent to the landlord's correct email address was the key evidence.