Tenancy Terminated for Breach of Responsibilities

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[2025] NZTT 5233711

TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]

ORDER

1. The tenancy of [NAME] at Unit/Flat [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 11.59pm on 18 June 2025.

Reasons:

1. The landlord, represented by [NAME], attended the hearing. There was no appearance by the tenant. The start of the hearing was delayed, and the matter was called for a second time. The tenant still did not attend. As the tenant has been notified, the hearing proceeded in her absence.

2. This is a periodic tenancy which began on 25 February 2021. The premises is a one-bedroom unit, located on the second level of a three-storey building with multiple flats. Other tenants of the landlord reside in the housing complex.

3. The landlord has applied to the Tribunal for an order terminating the tenancy under two separate grounds under the Residential Tenancies Act 1986 (the RTA):

a. Section 55(1)(c): on the basis that the tenant has threatened to assault a [NAME] of the premises.

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b. Section 56: breach by the tenant of her responsibilities under Section 40(2)(c) not to interfere with the reasonable peace, comfort or privacy of the landlord’s other tenants and her other neighbours.

Application under Section 55

4. Section 55 of the RTA sets out various grounds for termination for either non- payment of rent, damage, or assault. A tenancy must be terminated under section 55(1)(c) if the Tribunal is satisfied that:

(c) the tenant has assaulted, or has threatened to assault, or has caused or permitted any person to assault, or to threaten to assault, any of the following persons:

(i) the landlord or any member of the landlord’s family: (ii) the owner of the premises or any member of the owner’s family: (iii) any agent of the landlord: (iv) any occupier of any building of which the premises constitute a part: (v) any [NAME] of the premises or of any building of which the premises constitute a part.

5. An assault includes an act or gesture to apply force to another person if the other person believes, on reasonable grounds, that the tenant has a present ability to give effect to his or her purpose1. A threat of assault is an expression of intent to do harm to another person by use of force and does not require an intention or capacity to act on the threat, and does not require the threat to be passed onto the person to whom the threat related.2

6. The landlord refers to an event on 21 February 2025, where the tenant threatened to assault another tenant living in the apartment block. The details of this incident were recorded in a letter written to the tenant on 17 March 2025, giving notice of the tenant’s anti-social behaviour. The tenant is alleged to have smashed the front door of the [NAME]’s unit with a brick, shouted at the [NAME] and made verbal threats. [NAME] was at the unit, and witnessed the event. Following this, the tenant threw heavy objects from the balcony of her unit, which fell into the [NAME]’s front courtyard. The police were called, and a report was filed. However, no charges were laid.

7. The landlord provided witness statements from the neighbours involved and CCTV camera footage of the events.

1 [NAME] v [NAME] of New Zealand DC Auckland CIV-2010-004-218, 5 May 2010, as noted in Residential Tenancy Law in New Zealand by [NAME] at 7.16.5, pg 201 2 Collins v Housing New Zealand [2004] NZAR 665 (HC) at [29]

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8. In this case, there have been two witness statements, but no direct oral evidence from the neighbours involved. Overall, because of the serious nature of the alleged conduct, and noting that criminal proceedings were not pursued, further and more detailed evidence is required before the Tribunal can make such a finding. Therefore, on the available evidence, the grounds for termination under this provision have not been established.

9. However, I consider the grounds for termination under section 56 has been met, as set out below.

Application under section 56

10. The landlord has also applied under section 56 of the RTA for termination of the tenancy for breaches by the tenant of her obligations. The landlord states the tenant has been in breach of section 40(2)(c) which reads:

40. Tenants responsibilities

(2) The tenant shall not—

……(c) Cause or permit any interference with the reasonable peace, comfort, or privacy of any of the landlord's other tenants in the use of the premises occupied by those other tenants, or with the reasonable peace, comfort, or privacy of any other person residing in the neighbourhood.

11. Under section 56(1) of the RTA, the Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate.

12. Where the breach is capable of remedy, the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

13. Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable of remedy where the thing done, or its effect, cannot be undone. However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.

14. In this case, I am satisfied that the grounds for termination under section 56 of the RTA are met. The landlord has provided evidence of the two events, and its effect on the neighbours. Both neighbours have provided a detailed account of the incidents. There is also video evidence in support, along with the incident report filed with the police. The landlord has also provided detailed reasoning in its submissions.

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15. The landlord has explained that it made multiple attempts to contact the tenant, and discuss its concerns. However, the tenant has not attended either of the meetings. The landlord detailed the steps taken following the complaints received by the affected [NAME]. This [NAME] had described the event as a violent invasion of her personal space and security, noting that the force used in the attempt to break down the door could have resulted in serious injury. The witness to this event had described the verbal abuse from the tenant and the threats made. When objects were being thrown from the balcony, including a glass pane, crate, and plastic chair, this was another incident that further endangered the residents.

16. The landlord submits that, given the severity of the tenant’s actions, and her failure to comply with multiple requests for engagement, termination was sought. The threat to one [NAME] had caused significant stress, and the violent nature of her behaviour posed a significant risk to the safety of other residents and the landlord’s staff. The landlord noted that the continued lack of communication and cooperation with support services made it difficult to mitigate these risks. The peace and comfort of others in the complex had been broken, and the only option was the termination of the tenancy to ensure the peace, comfort, safety, and well- being of all involved.

17. Based on the evidence and submissions, I am satisfied that the landlord has shown that the tenant has been in breach of her obligations.

18. The ending of a tenancy has significant implications for a tenant and is a measure that is not taken lightly. Based on the evidence before me, I consider that the grounds for termination under section 56 are met and, due to the nature and extent of the breach, it would be inequitable to refuse to terminate. Accordingly, for the reasons set out above, this tenancy is terminated.

19. The landlord has indicated that it would be reasonable for this tenancy to be terminated in three weeks, to give the tenant time to arrange alternative accommodation. With the landlord’s consent, this tenancy is to come to an end at 11.59pm on 18 June 2025.

20. While successful, the landlord does not seek the filing fee.

[NAME]

28 May 2025

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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/ -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: