Tenancy Terminated for Assault and Anti-Social Behavior

__________________________________________________________________________________ 5160387 1

[2025] NZTT 5160387

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. The tenancy of [NAME] at Unit/Flat [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 11am on Wednesday 12 March 2025.

2. This order may be enforced immediately.

Reasons:

1. The hearing was conducted by telephone. Only the landlord attended. Calls to the tenant at the time of the hearing were not answered and went to voicemail.

__________________________________________________________________________________ 5160387 2

2. The landlord has applied for termination of the tenancy on the grounds that the tenant has assaulted another tenant and for anti-sociable behaviour.

3. The tenant is one of 276 tenants in a new purpose-built building owned and managed by the landlord. The building has a large lobby area, a community hub and a 24/7 hapori kaitiaki guardian service on site.

Assault

4. Section 55(1)(c)(iv) of the Residential Tenancies Act 1986 (the Act) provides that the Tribunal shall terminate a tenancy where the tenant assaults an occupier of the building of which the premises forms part. The Tribunal may refuse to terminate the tenancy if certain circumstances apply. The only relevant circumstance in this case is where its is unlikely that the tenant will commit any further breach of the same kind.

5. The landlord produced a video of an incident on 26 January 2025 showing the tenant entering the lobby of the building and assaulting another tenant. The tenant had been involved in a verbal altercation outside the building and the other tenant had gone inside the lobby. The video shows the tenant plainly intent of attacking the other tenant.

6. The other tenant defends himself and a fight ensues. I find that the tenant was the aggressor, and he instigated the fight.

7. There was other evidence of the tenant’s aggression including a video where he can be seen spitting on a visitor to the building.

8. There was other evidence of the tenant’s propensity for insulting and threatening behaviour towards others in and near the building.

9. The assault on another tenant has been proven and I find that it is likely, not unlikely that the tenant will commit another breach of the same kind.

10. It follows that I must make an order terminating the tenancy.

Unsocial Behaviour

11. The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant.

12. The anti-social behaviour relied on is aggressive conduct including spitting on a person, threats of violence and verbal abuse.

13. Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied:

__________________________________________________________________________________ 5160387 3

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 the alleged anti-social behaviour 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.

14. The Act provides that antisocial behaviour includes harassment or any act (whether intentional or not) that reasonably causes alarm, distress or nuisance that is more than minor.

15. The landlord has served the required three notices, and it has complied with the relevant time frames. The issue is therefore whether the conduct complained of constitutes anti-social behaviour.

16. The landlord argued that because the tenant had not applied to set aside any of the notices, the Tribunal should accept that the alleged anti-social behaviour has been proved. I do not accept that. The tenant may apply to set aside a notice and if he or she does so, the landlord has the onus of justifying the notice. But it does not follow that if the tenant does not make an application, that the tenant should be deemed to accept the anti-social behaviour. In my view, the onus remains on the landlord to prove the anti-social behaviour relied on at the hearing of the landlord’s application.

17. Having considered the evidence I am satisfied that the landlord has established that the tenant has engaged in anti-social behaviour in connection with the tenancy on each of the three occasions. There was video evidence of two of the incidents relied on and a written statement from a reliable witness in relation to the other incident.

18. I consider it would not be unfair to terminate the tenancy considering the circumstances in which the behaviour arose, and the notices were given. There is no evidence that the landlord has acted in any retaliatory way in bringing this application.

__________________________________________________________________________________ 5160387 4

19. I cannot consider the impact on the tenant, in making an order for termination of the tenancy.

20. I have therefore made an order for immediate termination of the tenancy and possession to the landlord. Given the tenant’s behaviour I have directed that this order may be enforced immediately.

21. The landlord did not seek the filing fee.

[NAME]

12 March 2025

__________________________________________________________________________________ 5160387 5

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/

__________________________________________________________________________________ 5160387 6

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: