Eviction notice oversteps tenants’ rights – results in damages

The Tenancy Tribunal found the tenancy termination notice was retaliatory when it was given to the tenants six days after they issued the landlord with a 14-day notice to fix the ceiling insulation and raised other issues.

No reason was given by the landlord Krishna Rani Saha for the 90-day tenancy termination.

The tribunal says there is significant public interest in ensuring tenants are able to exercise their rights in raising legitimate complaints and are not faced with the possibility of their tenancy being terminated.

The tenancy began on October 15, 2015. In July 2020, the tribunal issued orders in proceedings brought on behalf of 35 tenants by the Ministry of Business, Innovation and Employment (MBIE) against Saha. The tenants in this action were part of the MBIE proceedings.