Auckland tenants have won a Tenancy Tribunal dispute after their landlord attempted to end their fixed-term lease early following a family member's cancer diagnosis and plans to move back into the property.
According to a report by the New Zealand Herald, the dispute centred on a Mission Bay home, where tenants Alex Duval and his partner exercised a renewal clause in their tenancy agreement, extending their lease by another year as they prepared for the arrival of their first child.
The landlord, Kirsty Whiting, had planned to return to the property with her family after a relative was diagnosed with cancer. She later applied to the Tenancy Tribunal, arguing that continuing the tenancy would cause severe hardship. She also increased the weekly rent after the tenants chose to remain.
In a recently released decision, Tribunal adjudicator Nicole Walker ruled that the tenants had lawfully exercised their right to renew the lease and could remain in the property until March 2027, as reported by the New Zealand Herald.
“While I accept that there has been an unforeseen change for the landlord, and the situation for the landlord and her family is likely to be very challenging, I am unable to determine that the landlord will suffer severe hardship if the tenancy is not reduced,” she ruled, the New Zealand Herald has quoted.
The tenancy began on March 29, 2025, with a fixed term due to expire one year later. However, the agreement—prepared by the landlord using the Residential Tenancies Agreement Builder—contained an optional renewal clause allowing the tenants to extend the lease by giving written notice at least 21 days before the expiry date.
The tenants exercised that right on February 17, 2026, giving notice 40 days before the lease was due to end.
Days earlier, Whiting had informed the tenants via WhatsApp that she intended to move back into the property.
“Hi Alex and Jessie, I just wanted to give you guys the heads up as early as possible: we have decided to renovate my place and move in. So sorry,” the message said, the New Zealand Herald has quoted.
According to the New Zealand Herald, she later told the tribunal that the decision followed a family member's cancer diagnosis in 2025. The family had planned to renovate the garage to create a separate living space, explaining that the relative's mental health remained fragile after chemotherapy.
Whiting argued that her earlier message meant the tenancy would end despite the renewal clause and claimed the tenant's response, "All good", showed agreement, as quoted by the New Zealand Herald.
Walker rejected that argument.
“Instead, I consider this response to be more of an acknowledgement of receipt of the landlord’s communication,” the New Zealand Herald has quoted.
The landlord later proposed allowing the tenants to remain until August 7, 2026, around three months after the expected birth of their child, but the tribunal again found there was insufficient evidence that the landlord would suffer severe hardship if the tenancy continued.
The tribunal dismissed the application to shorten the tenancy, allowing it to continue until March 2027.
The dispute also involved a proposed rent increase. After the tenancy was renewed, Whiting issued notice raising the weekly rent from $900 to $1,120, a 24.5% increase.
Duval challenged the increase, arguing it exceeded market rates and reflected the landlord's personal financial circumstances rather than the rental market. He submitted evidence showing Auckland rents had softened and that comparable properties in nearby suburbs had recorded lower rental prices.
During the hearing, Whiting revised her proposed rent to $975 per week, citing rental appraisals valuing the property between $950 and $995.
Walker concluded that the original increase was excessive.
“I take this as the landlord accepting that the original proposed increase was not in line with the market rent for this tenancy,” Walker found, as quoted by the New Zealand Herald.
“I conclude that the proposed weekly rent of $1120 for these premises is not market rent,” as quoted by the New Zealand Herald
The tribunal set the weekly rent at $950, effective from April 19, 2026.