Skip to main content

Disclaimer: Educational purposes only. Not legal advice. Consult a qualified NZ legal practitioner for your specific circumstances.

SimplifiedLaw.co.nz
tenancy

Retaliatory notice: What it is and how to fight it

Key Takeaway

A retaliatory notice in New Zealand residential tenancy law occurs when a landlord terminates a tenancy because a tenant has exercised their legal rights or complained. Tenants can challenge such notices at the Tenancy Tribunal within 28 working days, with the landlord bearing the burden of proof to show the notice was not retaliatory. The Tribunal can declare the notice void.

Retaliatory Notice in New Zealand Tenancy Law

Retaliatory notice is a legal protection for tenants in New Zealand, preventing landlords from terminating a tenancy in response to a tenant exercising their rights or making a complaint. Understanding these provisions, outlined in the Residential Tenancies Act 1986, is crucial for both tenants and landlords.

What is a Retaliatory Notice?

A retaliatory notice refers to a notice of termination given by a landlord to a tenant that is motivated by the tenant having exercised a right under the Residential Tenancies Act 1986, made a complaint to the landlord, or taken proceedings to the Tenancy Tribunal [Source: Residential Tenancies Act 1986, s 54(1)].

For example, if a tenant complains to their landlord about necessary repairs, and soon after receives a termination notice without a valid, unrelated reason, this could be considered a retaliatory notice.

Tenant's Protected Actions

Section 54(1) of the Residential Tenancies Act 1986 specifies actions by a tenant that, if they motivate a landlord's termination notice, can lead to the notice being deemed retaliatory. These actions include:

  • Exercising any right conferred on the tenant by the Residential Tenancies Act 1986, the tenancy agreement, or any other enactment [Source: Residential Tenancies Act 1986, s 54(1)(a)].
  • Making a complaint relating to the tenancy to the landlord or a person acting on the landlord's behalf [Source: Residential Tenancies Act 1986, s 54(1)(b)].
  • Taking proceedings to enforce any right or to obtain any remedy in respect of the tenancy [Source: Residential Tenancies Act 1986, s 54(1)(c)].
  • Giving evidence or information in any proceedings brought by any person in respect of the tenancy [Source: Residential Tenancies Act 1986, s 54(1)(d)].

Challenging a Retaliatory Notice

If a tenant believes they have received a retaliatory notice, they have the right to apply to the Tenancy Tribunal for a determination. The Tenancy Tribunal is a judicial body that resolves disputes between landlords and tenants in New Zealand [Source: Residential Tenancies Act 1986, s 77(1)].

Application to the Tenancy Tribunal

A tenant who believes their termination notice is retaliatory must apply to the Tenancy Tribunal within 28 working days after either:

  • The date on which the tenant receives the notice of termination, or
  • The date on which the tenant vacates the premises,

whichever is the later [Source: Residential Tenancies Act 1986, s 54(3)].

Onus of Proof

When a tenant applies to the Tenancy Tribunal alleging a retaliatory notice, the onus of proof (the responsibility for proving something in a legal proceeding) shifts to the landlord [Source: Residential Tenancies Act 1986, s 54(2)]. This means the landlord must satisfy the Tribunal that, despite the tenant's actions, the notice of termination was not given in retaliation for those actions [Source: Residential Tenancies Act 1986, s 54(2)].

Potential Outcomes of a Tribunal Hearing

If the Tenancy Tribunal is satisfied that the landlord's notice was indeed given in retaliation for the tenant's protected actions, the Tribunal has the power to make various orders, including:

  • Declaring the notice of termination to be of no effect [Source: Residential Tenancies Act 1986, s 54(4)(a)]. This means the tenancy continues as if the notice was never given.
  • Making an order for the payment of compensation by the landlord to the tenant [Source: Residential Tenancies Act 1986, s 54(4)(b)].
  • Making any other order that the Tribunal considers appropriate [Source: Residential Tenancies Act 1986, s 54(4)(c)].

When to Seek Independent Legal Advice

Navigating the specifics of residential tenancy law can be complex. Parties involved in a dispute over a termination notice, particularly concerning allegations of retaliation, should consider seeking independent legal advice. Information about rights and obligations is available from official bodies such as Tenancy Services, and free advice can be obtained from Community Law Centres throughout New Zealand.

Key Resources