Tenancy Terminated for Repeated Assaults on Building Occupants
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant had repeatedly assaulted people living in the same building. The Tribunal looked at the evidence of assaults and breach notices before making its decision.
⚖️ Legal holding
A tenant's repeated assaults on occupants of the building justify termination of the tenancy under section 55(1)(c)(iv) of the Residential Tenancies Act 1986.
📖 What the law says
This section states that the Tenancy Tribunal must end a tenancy if the landlord applies and the Tribunal is satisfied that the tenant has assaulted or threatened to assault the landlord, their family, their agent, or any other person living in the building.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal terminated the tenancy due to repeated assaults on occupants of the building.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant who had repeatedly assaulted occupants of the building. The Tribunal considered breach notices and the seriousness of the assaults in making its decision.
📚 Full judgment Official document
__________________________________________________________________________________ 5155256 1
[2025] NZTT 5155256
TENANCY TRIBUNAL - Palmerston North | Te Papaioea
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 5 pm Tuesday 25 February 2025.
Reasons:
1. Both parties attended the hearing by telephone.
2. The landlord’s application is for termination of the tenancy under section 55(1)(c)(iv) Residential Tenancy Act 1986 (“RTA”) on the basis that the tenant has assaulted an occupier of the building of which the tenant’s premises constitute a part (‘the complex”).
The evidence
3. The landlord gave evidence as follows:
a. The tenant headbutted another resident in the lift at the complex on 29 June 2024. A breach notice was issued to the tenant in relation to this incident on 8 July 2024.
__________________________________________________________________________________ 5155256 2
b. On 16 October 2024 the tenant and another person used a mini crowbar to attempt to break into another property in the complex. A breach notice was issued to the tenant and the police called who issued a warning.
c. On 11 January 2025 the tenant pushed then punched another occupant of the complex. Video evidence of this incident was supplied clearly showing the assault. A breach notice was issued on 15 January 2025.
4. The tenant responsibly accepted that these incidents had occurred and apologised.
Discussion and decision
5. Section 55(1)(c) RTA provides that on any application made to it under this section by the landlord, the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that the tenant has assaulted any occupier of the complex in which the tenant’s premises are situated.
6. The Tribunal may refuse to make the order sought by the landlord if it is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which section 55 RTA applies. See section 55(2) RTA.
7. The High Court has determined that while an assault cannot be undone or remedied, the Tribunal retains the power to refuse to make an order terminating the tenancy if it is satisfied that the landlord has been compensated for any loss arising from the breach and it is unlikely that the tenant will repeat the behaviour.
8. In these circumstances, the landlord has not suffered any loss for which the tenant should pay compensation.
9. The Tribunal has determined that it is appropriate to terminate the tenancy for the following reasons:
a. This is the second assault the tenant has committed within a six-month period. The tenant has also tried to break into another apartment within the complex in the same period.
b. These three breaches have been committed intentionally.
c. The landlord has responded to each breach appropriately and clearly prevented the incident on 11 January 2025 from escalating.
d. While the Tribunal appreciates that living in a large complex is difficult, it is not an excuse for engaging in violent behaviour. Indeed, it is also a reason why such behaviour should not be tolerated.
__________________________________________________________________________________ 5155256 3
e. Assault is a serious matter which has a direct impact not just on the person assaulted, but also the living environment of the others living in the complex.
f. The Tribunal is not satisfied that the tenant will not repeat the behaviour given that there has been a prior assault.
g. Termination is an appropriate and proportionate response to a tenant who assaults another tenant in the complex.
[NAME]
18 February 2025
__________________________________________________________________________________ 5155256 4
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/
__________________________________________________________________________________ 5155256 5
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 headbutted another resident in the lift, leading to a breach notice.
- The tenant and another person used a mini crowbar to attempt to break into another property.
- The tenant pushed then punched another occupant, with video evidence clearly showing the assault.
- The tenant committed a second assault within a six-month period, along with attempting to break into another apartment.
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 a tenant who had repeatedly assaulted occupants of the building.
What was the dispute about?
The dispute was about whether the tenancy should be terminated due to repeated assaults on occupants of the building.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had committed multiple assaults and the landlord had responded appropriately to each breach.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(c)(iv) and 55(2) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had committed repeated assaults, which justified termination of the tenancy.
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, repeated assaults on occupants of the building could lead to termination of their tenancy.
What evidence or documents mattered?
The evidence of assaults and breach notices issued by the landlord mattered in the decision.