Tenancy Terminated Due to Anti-Social Behaviour
📌 In brief
The Tenancy Tribunal ended a tenant's lease because of anti-social behaviour, including incidents where a man caused alarm and distress to neighbours.
⚖️ Legal holding
A tenant's tenancy can be terminated if the tenant or someone with their permission engages in anti-social behaviour.
📖 Technical summary
The tenancy was terminated due to anti-social behaviour.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to anti-social behaviour, including incidents involving a man causing alarm and distress to neighbours.
📚 Full judgment Official document
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[2025] NZTT 5158391
TENANCY TRIBUNAL AT HAMILTON | TE TARAIPIUNARA RETIHANGA KI KIRIKIRIROA
APPLICANT: [redacted] [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] and [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As Agent For [COMPANY], at 11.59pm on Sunday 2 March 2025.
2. [NAME] and [NAME] are to pay $27.00, for reimbursement of the filing fee, to [COMPANY] As Agent For [COMPANY] immediately,
Reasons:
1. Mr [NAME], representing the landlord, attended the hearing. The tenants did not attend.
2. The tenants live in a one bedroomed unit which is down a shared driveway. The premises is under the same roof as another larger residential property ([ADDRESS]). Each property has its own separate carport area.
3. The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant or someone on the premises with the tenant’s permission.
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4. Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied:
a. on 3 separate occasions within a 90-day period the tenant, or a person in the premises with the tenant’s permission, engaged in anti-social behaviour in connection with the tenancy; and
b. on each occasion the landlord gave the tenant written notice—
i. describing clearly which specific behaviour was considered to be anti-social and (if known to the landlord) who engaged in it; and
ii. advising the tenant of the date, approximate time, and location of the behaviour; and
iii. stating how many other notices (if any) the landlord has given the tenant under this paragraph in connection with the same tenancy and the same 90-day period; and
iv. advising the tenant of the tenant’s right to make an application to the Tribunal challenging the notice and;
c. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice.
5. The Act confirms that anti-social behaviour includes harassment or any act (whether intentional or not) that reasonably causes alarm, distress or nuisance that is more than minor.
6. Section 55A(4) requires the Tribunal must not take into consideration the impact on the tenant in making an order terminating the tenancy.
7. The anti-social behaviour in the three notices is described as:
Notice 1: contains two separate behaviours/incidents -
On 19 December 2024 “a man walked from [the tenants property] into the garage of the neighbouring property (78 Tawa St) holding a hammer”.
On 21 December 2024 “the same man approached the front door of [ADDRESS] and stole an orange power cord from that location”.
Notice 2: On 20 January 2025 there was “significant noise (sounded like fighting) and yelling which prompted nearby occupants to call the police”.
Notice 3: On 1 February 2025 there was “a loud disturbance”, consisting of “hysterical crying and screaming outside the front door. 2 different neighbours called the police”.
8. Where the anti-social behaviour relates to behaviour from a person at the premises at the same time the tenant is at the premises, then the tenant is presumed to have permitted the person to be there unless the tenant proves they
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took all reasonable steps to prevent the person from entering or to eject the person from the premises (s 55A(5)). In the absence of the tenants I find they are presumed to have permitted the man referred to in Notice 1 to be at their premises.
9. The landlord has received emails from neighbour/s complaining about each the above incidents. The emails, along with videos relating to the incidents in Notice 1, were provided to the Tribunal and provide direct evidence supporting the landlord’s application.
10. I find the behaviour exhibited fell within the definition of anti-social behaviour as it is behaviour that reasonably causes alarm, distress, or nuisance that is more than minor. In making this finding I have particularly considered whether the incidents described in Notice 1 fall within the definition of anti-social behaviour. I find that the actions of the man, based on the neighbour’s evidence, has reasonably caused them alarm and distress and were more than a minor nuisance to the tenants’ neighbour.
11. I have considered the contents of all three notices and find they comply strictly with the procedural requirements of s55A as set out above.
12. I consider it would not be unfair to terminate the tenancy taking into account the circumstances in which the behaviour occurred and the notices were given. The landlord has not acted in a retaliatory way in giving the notices and the behaviour has continued. I note the landlord confirmed other complaints have been received from neighbours of the tenants in addition to those incidents set out in the three notices. The landlord provided evidence of a complaint from a neighbour which set out anti-social behaviours which occurred after the third notice.
13. Accordingly I find the landlord has met the threshold required under section 55A and the tenancy is terminated for anti-social behaviour.
14. I cannot consider the impact on the tenant, in making an order for termination of the tenancy.
15. Even if I am wrong in considering the events set out in Notice 1 meet the threshold of anti-social behaviour, I would consider the behaviours of the tenant and those person/s at the premises with their permission amount to a breach of section 40(2)(c) of the Act. That provision states that a tenant, or person/s at the premises with their permission, shall not cause of permit any interference with the reasonable peace, comfort, or privacy of any person residing in the neighbour. The tenants have breached this obligation. The breach is not capable of remedy and I find the breach is of such a nature or of such an extent that it would be unfair to refuse to terminate the tenancy based on the breach.
16. The tenancy is terminated on Sunday 2 March as requested by the landlord.
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17. As the landlord has been wholly successful in its claim the filing fee is reimbursed.
[NAME]
26 February 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 or someone with their permission engaged in anti-social behavior three times within 90 days.
- The landlord provided clear written notices for each incident, detailing the behavior, timing, and location.
- Neighbors complained about the incidents, providing direct evidence of the anti-social behavior.
- The behavior caused alarm and distress to neighbors and was more than a minor nuisance.
❌ Tends to be rejected
- The tenants did not attend the hearing to defend themselves.
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 tenant's tenancy due to anti-social behaviour.
What was the dispute about?
The dispute was about whether the tenant's tenancy should be terminated because of anti-social behaviour committed by the tenant or someone with their permission.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant or someone with their permission engaged in anti-social behaviour that caused alarm and distress to neighbours.
Which laws or rules were applied?
Residential Tenancies Act 1986, s 55A
What was the argument that mattered most?
The argument that mattered most was that the tenant or someone with their permission engaged in anti-social behaviour that caused alarm and distress to neighbours.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, engaging in anti-social behaviour could lead to the termination of their tenancy.
What evidence or documents mattered?
Evidence included emails from neighbours and videos of incidents.