Middlemiss v Richardson

Tenant wins · Mount Albert · 2025-09-10

Adjudicator

Robert Patchett

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

K.M.

Tenant

F.R.

Landlord rep

Crystal Francey

Tenant rep

Sabrina Malik

What happened

The Landlord applied for an order to terminate the tenancy for personal use, claiming the unit was required for residential occupation for at least one year. The Tenant challenged the application on the procedural ground that the N12 notice served by the Landlord was unsigned, rendering it invalid under the Act.

The ruling

The Landlord's application for eviction based on personal use was dismissed. The Adjudicator found that the N12 notice of termination was unsigned, which is a mandatory requirement under Section 43(1)(c) of the Residential Tenancies Act, 2006. Because the notice was invalid, the Board could not grant the eviction order.