Tenancy Terminated Due to Repeated Anti-Social Behaviour
📌 In brief
The Tenancy Tribunal ended a tenant's lease because of repeated anti-social behaviour over 90 days, following proper notice procedures under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant's tenancy can be terminated if they engage in anti-social behaviour three times within 90 days.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice ending their tenancy. They must do this within 14 working days of receiving the notice. The tenant can argue that the landlord gave the notice because the tenant used their rights under the tenancy agreement or the law, or because the tenant complained about the landlord.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal terminated the tenancy due to repeated anti-social behaviour.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to repeated anti-social behaviour over 90 days, following proper notice procedures under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5147033
TENANCY TRIBUNAL - Blenheim | Te Waiharakeke
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [NAME] immediately.
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Reasons:
1. The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. But no message could be left. I was satisfied adequate service had completed and I continued with the hearing after waiting several minutes and attempting the second call, again not answered.
2. 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.
3. The landlord states that the anti-social behaviour notices follow a tenancy history of 17 tenant breaches notices. It has tried unsuccessfully to work with the tenant over the duration of the tenancy to resolve a number of these issues.
4. The three notices were served on 15 November 2024, 10 December 2024, and 27 January 2025.
5. The landlord submitted other complaints had been received. The owner had also recently expressed concerns regarding the tenancy operation and impact on their home.
6. 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.
7. The Act confirms that antisocial behaviour includes harassment or any act (whether intentional or not) that reasonably causes alarm, distress or nuisance that is more than minor.
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8. I have taken into account the evidence presented by the parties as set out above. The premises is one of two on the property, with a shared driveway. This has contributed to some of the issues leading to the complaints and another premises may be better suited to the tenant.
9. I have determined that the landlord has established that anti-social behaviour has occurred on the premises by the tenant or a person on the tenancy with the tenant’s permission. The landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
10. I consider it would not be unfair to terminate the tenancy taking into account the circumstances in which the behaviour arose and the notices were given. I cannot see that the landlord has acted in any retaliatory way in bringing this application.
11. I cannot consider the impact on the tenant, in making an order for termination of the tenancy. However, the landlord advised that while they sought immediate termination, it was their intention to work with the tenant over the next two weeks, as required, to assist her with her exit.
12. The landlord declined any return of the filing fee.
[NAME]
21 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 landlord provided clear written notices for each instance of anti-social behavior.
- The landlord's application to the tribunal was made within 28 days of the third notice.
- The landlord demonstrated a history of trying to resolve issues with the tenant before applying for termination.
❌ Tends to be rejected
- The tenant's behavior and the circumstances leading to the complaints were not sufficiently addressed to prevent termination.
- The potential impact on the tenant from losing the tenancy was not considered as a reason to deny termination.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenant's lease due to repeated anti-social behaviour over 90 days.
What was the dispute about?
The dispute was about whether the tenant's lease should be terminated due to repeated anti-social behaviour over 90 days.
How did the court decide, and why?
The court decided to terminate the tenancy because the landlord followed proper notice procedures under the Residential Tenancies Act 1986 and provided evidence of repeated anti-social behaviour over 90 days.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was that the landlord followed proper notice procedures under the Residential Tenancies Act 1986 and provided evidence of repeated anti-social behaviour over 90 days.
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, if they engage in repeated anti-social behaviour over 90 days and the landlord follows proper notice procedures, their tenancy may be terminated.
What evidence or documents mattered?
Evidence of repeated anti-social behaviour over 90 days and proper notice procedures under the Residential Tenancies Act 1986 mattered.