Tenancy Terminated After Tenant Assaults Another Tenant
📌 In brief
The Tenancy Tribunal ended a tenant's lease after they attacked another tenant. The Tribunal used the Residential Tenancies Act 1986 to make their decision.
⚖️ Legal holding
A tenant's tenancy must be terminated if they assault another tenant.
📖 What the law says
This section states that the Tenancy Tribunal must end a tenancy if the tenant has assaulted, or threatened to assault, the landlord, a member of the landlord's family, an agent of the landlord, or another person living in the same building.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal terminated the tenancy due to an assault on another tenant.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant after they assaulted another tenant. The Tribunal relied on Section 55(1)(c) of the Residential Tenancies Act 1986, which mandates termination of the tenancy if the tenant assaults another occupant of the same building or a neighbor.
📚 Full judgment Official document
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[2025] NZTT 5188912
TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] (now known as [NAME]) at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 4pm on Wednesday, 19 March 2025.
2. [NAME] (now known as [NAME]) must pay [COMPANY] $27.00 immediately, being the filing fee on this application.
Reasons:
1. Representatives of the landlord attended the hearing, with witnesses.
2. Shortly before the hearing, the tenant applied for an adjournment. The landlord opposed the adjournment, and the request was declined.
3. The Tribunal replied to the tenant’s adjournment request asking whether he could attend the hearing by telephone. He did not answer the question but replied with an up-to-date telephone number. The Tribunal called the tenant during the hearing and asked whether he would like to participate by telephone. He declined.
4. The landlord has applied for termination of the tenancy for an assault on another tenant. The alleged incident occurred on 22 December 2024.
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5. Section 55(1)(c) of the Residential Tenancies Act provides that the Tribunal shall terminate the tenancy if the tenant has assaulted or has threatened to assault any occupier of any building of which the premises constitute a part or any neighbour of the premises or of any building of which the premises constitute a part.
6. The law is clear that the Tribunal must terminate the tenancy if the landlord proves that it is more likely than not that the tenant has assaulted another tenant at this social housing complex.1 [NAME] v [NAME], High Court Christchurch, CIV –2004 – 409 – 717, 2 July 2004.
7. Assault is defined in section 2(1) of the Crimes Act 1961, as the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has the present ability to effect his purpose.
8. The landlord’s witnesses gave evidence of an incident which occurred on 22 December 2024 whereby the tenant punched another tenant multiple times in the head and face. The other tenant required hospital treatment and charges have been laid. The landlord provided evidence of the injuries and of the charges which are currently before the criminal court.
9. The tenant sent an email to the Tribunal before the hearing, claiming that he was acting in self-defence and asking the Tribunal to consider underlying health issues. I put the tenant’s version of events to the landlord’s witnesses, all of whom rejected what the tenant said. While I did not have the benefit of hearing from the tenant in person or by telephone, I did hear from the victim and other witnesses. I am satisfied that it is more likely than not that the assault was unprovoked. I do not accept the submission that the tenant was acting in self- defence.
10. Significantly, the tenant’s email records that he hit and punched the other tenant. That is, even on the tenant’s own version of events, he assaulted the other person, and I am required to terminate the tenancy. I have made an order accordingly.
11. As the landlord was the successful party, I have awarded reimbursement of the Tribunal application fee.
[NAME]
1 There is a very limited discretion to refuse termination under s55(2) but none of those criteria apply in this instance.
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19 March 2025
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant punched another tenant multiple times, causing hospital treatment.
- The landlord provided evidence of the injuries and criminal charges filed.
- The landlord proved it is more likely than not that the tenant assaulted another tenant.
- The tenant's claim of self-defense was rejected by the Tribunal.
❌ Tends to be rejected
- The tenant requested an adjournment, but it was denied.
- The tenant claimed underlying health issues, but the Tribunal did not accept this defense.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided to terminate the tenancy of the tenant who assaulted another tenant.
What was the dispute about?
The dispute was about whether the tenancy should be terminated due to an assault on another tenant.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had assaulted another tenant, as per the Residential Tenancies Act 1986.
Which laws or rules were applied?
Section 55(1)(c) of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had assaulted another tenant, which is grounds for terminating the tenancy.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation could have their tenancy terminated if they assault another tenant.
What evidence or documents mattered?
Evidence included witness statements and medical records of the assaulted tenant.