Tenancy Tribunal appeal — validity of termination of tenancy by notice — retaliation — Residential Tenancies Act 1986, ss 51, 54, 117 & 118 — Housing New Zealand Corporation v Salt [2008] DCR 697. This was an appeal of a finding by the Tenancy Tribunal that 90-day notices terminating the periodic tenancies of two neighbouring tenants were valid. The appellant challenged the Tribunal decision on the basis that the notice was retaliatory and invalid. Execution of the 90-day notice was stayed until determination of the appeal. The two neighbouring tenants repeatedly complained about the other. The landlord had (unsuccessfully) tried to find a peaceful resolution but when this failed issued a 90-day notice of termination to both tenants. The tenant of the neighbouring property left but the applicant refused to move claiming that the notice was given in retaliation for her attempts to uphold her rights to quiet enjoyment of the property. Evidence was given in the Tribunal of the conflict between the neighbours and attempts on the part of the landlord to resolve their complaints. The tenancy tribunal rejected the claim of retaliation, finding that the action taken to end both tenancies was a "fair, sensible and reasonable resolution" and upholding the 90-day notice. The appeal was by way of rehearing. The Court noted that for the Tribunal to have found the notice invalid under s 54 it must be established that, at least in part, the reason for the notice was the applicant's assertion of her rights to quiet enjoyment. After consideration of the information before the Tribunal, hearing oral submissions from the parties who had appeared at the tribunal and written submissions from the appellant, the Court found that the landlord had lawfully exercised their right to terminate the tenancy under s 51 and that there was no basis for the claim that the notice was retaliatory. The appeal was dismissed and the interim order staying the notice was revoked. Judgment Date: 6 August 2019.