Re: Atkinson v Monarch Realty Ltd [2020] NZTT Hamilton 4279083
Facts
- 5th July 2020 – Leak discovered at the property due to lack of maintenance
- 11th August to 9th September 2020 – Remedial work carried out
- 1st September 2020 – Citing a lack of confidence that the tenant would property ventilate (and therefore look after) the property, the property manager
recommended the landlord to consider terminating the tenancy before the RTAA 2020 becomes law in February 2021. - Early September 2020 – Two subsequent discussions between the property manager and landlord about termination resulting in the property manager diarising
“Issue 90-day notice to 24 Morrow Ave ??: Ring owner first” for 22nd September 2020. - 15th September 2020 – The property manager discussed the possibility of a rent increase with the tenant over the phone. The conversation turned to
the tenant’s dissatisfaction of the tenancy due to a “lack of preventative maintenance”. - 22nd September 2020 – The tenant received a 90-day notice to terminate.
- 20th October 2020 – The tenant filed a Tribunal application seeking to have the termination notice declared retaliatory and reversed.
The law
S54 of the Residential Tenancies Act (the Act) deals
with retaliatory notices. The Tribunal can set aside a termination notice if it is satisfied that ‘… in giving the notice, the landlord was motivated
wholly or partly by’ the tenant exercising or appearing to exercise his/her right vis-à-vis the tenancy. The onus is on the tenant to bring and establish
such a claim to the Tribunal.
To achieve an s54 order, the tenant must:
- Make an application to have the order declared retaliatory and therefore no effect within...
