Two weeks after complaining to Tenancy Services about mould, a periodic tenant receives a 90-day notice. She thinks it is payback. What can she do?
Correct Answer
D) Apply within 28 working days to have it declared retaliatory and of no effect.
Section 54, replaced from 30 January 2025, lets a tenant apply to the Tribunal for a declaration that a notice was retaliatory, for example because it was motivated by a complaint. If she applies within 28 working days of receiving it, she can also seek an order that it has no effect. A retaliatory notice is an unlawful act.
Why This Is the Correct Answer
Section 54(3) allows a no-effect order if the tenant applies within 28 working days.
Why the Other Options Are Wrong
Option A: Nothing, because a 90-day notice needs no reason and cannot be challenged.
Section 54 lets a tenant challenge a valid notice if it was motivated by her exercise of rights.
Option B: Apply within 12 months to have the notice set aside as retaliatory.
The window to also seek a no-effect order is 28 working days after receiving the notice.
Option C: Ask Tenancy Services to cancel it, since complaints give 12 months' protection.
No automatic protection period exists; the tenant must apply to the Tribunal.
Background Knowledge for Property Management
Source: https://www.legislation.govt.nz/act/public/1986/0120/latest/whole.html
Exam Tip for Property Management
Retaliatory notice challenge: Tenancy Tribunal, 28 working days.
Common Mistakes to Avoid on Property Management Questions
- •Thinking a no-reason notice is immune from challenge.
More Property Management Questions
How long does a landlord have to lodge a bond with Tenancy Services after receiving it from a tenant?
Which of the following is a mandatory requirement for all rental properties under the Healthy Homes standards?
A periodic tenancy began 8 months ago and the rent has never been raised. If the landlord gives written notice today, when is the earliest a rent increase can take effect?
A property manager discovers a tenant has been subletting rooms without permission for 6 months, generating significant income. The head tenant is otherwise compliant and rent is current. What factors would most influence the Tenancy Tribunal's decision on termination?
Under the Residential Tenancies Act 1986, what is the most a landlord can charge as a general bond (not counting any separate pet bond)?
- → Which of the following is NOT a mandatory requirement for tenancy agreements under the Residential Tenancies Act?
- → How much notice must a landlord give a tenant before conducting a routine property inspection?
- → A tenant has given 21 days' notice to terminate a periodic tenancy but wants to leave 5 days early. What must happen for this to be legally acceptable?
- → A tenant claims bond refund for $1,200 but the landlord disputes $400 for carpet cleaning. The tenant disagrees and applies to the Tenancy Tribunal. What happens to the bond during this dispute?
- → How often may a landlord carry out routine inspections during a tenancy?
- → A landlord wants to increase rent for a periodic tenancy. What is the minimum notice period they must give?
- → During a property inspection, a property manager discovers the tenant has installed a spa pool without permission. What is the most appropriate first step?
- → By what date did all private rental properties in New Zealand have to comply with the healthy homes standards?
- → A property manager conducts an inspection and finds the tenant has installed a heat pump without permission. The tenancy agreement prohibits alterations without consent. What can the landlord legally require?
- → During a property inspection, a landlord notices the tenant has changed the locks. Under what circumstances is this legally permitted?
People Also Study
Property Law & Legislation
56 questions
Agency Practice
89 questions
Sale & Purchase Process
63 questions
Professional Conduct & Ethics
46 questions