Tenancy Terminated for Threats and Breaches

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[2025] NZTT 5159207

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 [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], immediately.

Reasons:

1. A representative of [COMPANY] attended the hearing that was conducted by phone. Three attempts were made to contact [NAME] by phone but went to answer phone. The hearing proceeded in her absence.

2. [NAME] is a resident of a 2 bedroomed property where she lives with her young son. Her tenancy commenced on 27 May 2024.

3. [NAME] is seeking to terminate [NAME] ’s tenancy on 2 grounds:

• [NAME] has assaulted, or has threatened to assault a neighbour of the premises;

• [NAME] or someone permitted to be at the premises has breached her neighbour’s peace, comfort and privacy in the use of their premises and the

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breach is of such a nature or extent that it would be inequitable for the Tribunal to refuse to terminate the tenancy.

4. The Tribunal must be satisfied on the balance of probabilities, that is that it is more likely than not, that the events outlined occurred.

Assault

5. Section 55 of the Residential Tenancies Act 1986 (RTA) provides: (1) Subject to subsection (2) of this section, 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— …

(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:

(v) any neighbour of the premises, or of any building of which the premises constitute a part.

6. Section 55(2) provides that the Tribunal may refuse to make an order terminating the tenancy in certain circumstances but in particular where they are satisfied the tenant is unlikely to commit another breach of its kind.

Assault or threatened assault

[NAME] evidence

7. On 27 October 2024, at around 10pm, the private owners, [NAME], whose property is behind the tenancy address, could hear a child crying, seeming to be in distress.

8. Mrs M asked Mr M to go out and check as she was concerned. Mr M walked to the back fence and saw [NAME]’s son in a push chair crying and screaming. Loud music was playing, and it appeared that [NAME] and 2 other friends were partying in the backyard and not paying mind to the child.

9. Mr M spoke over the music and said to [NAME], “Really?”, referring to the child outside in a stroller at the time of the night, crying while [NAME] was partying with her friends.

10. [NAME] then grabbed the child from the stroller and brought him inside the house.

11. [NAME] then went back outside the house and started yelling to Mr M, which was also heard by Mrs M, that she was going to burn the house down, kill his wife and their dog.

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12. [NAME] was charged and convicted on 25 November 2024 for threatening to kill Mrs M. She was sentenced to 9 months supervision and ordered not to be within 1 metre of the neighbour’s property.

13. [NAME] provided statements to [NAME] and Mrs M also attended the hearing to give her evidence, confirming the version of the events outlined in the statements.

14. In a discussion with [NAME] denied the threat had occurred but said she had plead guilty to get it over with.

15. [NAME] issued a 1st notice under s.55A in relation to this incident.

16. In the absence of any evidence from [NAME] to the contrary, apart from her response to [NAME], I find it is more likely than not that [NAME] did threaten to assault the neighbour. This is a breach incapable of remedy and I am not satisfied, particularly given the more recent events outlined below, that it is unlikely that [NAME] will commit another act of this kind. On this basis the tenancy is terminated.

Breach of neighbours quiet enjoyment

17. In the alternative [NAME] seek to terminate [NAME]’s tenancy pursuant to s.56 RTA.

18. Section 56 of the RTA allows [NAME] to apply for termination of a tenancy, and the Tribunal to make an order terminating the tenancy if the Tribunal is satisfied that –

(a) The tenant has committed a breach of the tenancy agreement or the tenant’s obligations under the RTA; and

(b) The tenant has failed to remedy the breach after being issued a 14-day notice to remedy the breach (not applicable where the breach is not capable of remedy); and

(c) The breach is of such a nature or such an extent that it would be inequitable to refuse to make an order terminating the tenancy.

19. Section 40(2)(c) of the RTA states that [NAME], or anyone permitted to be at the premises, shall not cause or permit any interference with the reasonable peace, comfort or privacy of any other person residing in the neighbourhood.

[NAME] Evidence

20. On 6/7 November 2024, [NAME] reported an incident to [NAME] where stones were being thrown at their property by [NAME] at 3am on the morning of

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the 7th. They had been woken by a loud ‘bang’ hitting the house. They provided video provided footage of the incident which showed [NAME] and a male by their back door. The male went inside and came back with a large ‘stick like’ object and hid down behind the neighbours’ fence and [NAME] was seen to be throwing a large object at the house, which was discovered to be a large stone. This was reported to the Police.

21. On 29 November 2024, Mr M reported to [NAME] that about 11.30am he was in his workshop at the back of the property and heard a man yelling loudly and in a very abusive way at him. He went outside and [NAME]’s partner accused him of breaking a window in their house. The tempers got frayed but on returning inside Mr M reviewed the video footage which showed a woman trying to break into the tenancy address by breaking the window. Mr M reported this to [NAME], who also viewed the video footage, and the police, as he was aware only 2 days earlier [NAME] was convicted of threatening to kill. A second 55A notice was issued to [NAME] for this incident.

22. On 14 December 2024, at approximately 10:30pm, the fire brigade was called to the tenancy address to put out a fire, with the flames reaching as high as 6 feet. [NAME] were strong nor wester winds blowing and a fire ban was in place at the time. Mrs M stated in evidence that the tenant has a fire very close to their fence line and backing onto their shed and regularly has large fires which are very concerning to them given their proximity to the shed and the damage that could be caused.

23. In addition, the neighbours stated [NAME] are regularly all night parties at the address.

Are the breaches capable of remedy?

24. I find given the nature of the breaches and frequency I find they are not breaches capable of remedy.

Would it be inequitable to refuse to terminate the tenancy?

25. The District Court set out the various factors that can be considered in making this decision in Huff v Central City Property Management Ltd [2020] NZDC 19229:

a. The history of the tenancy. b. [NAME] has been a persistent failure after repeated warnings. c. Whether the history of breaches was such it was unlikely the tenant

would comply with their obligations in the future. d. Whether the breach was inadvertent or deliberately committed. e. The conduct of the landlord. f. The gravity of the breach. g. Whether termination is a proportionate response to the breach.

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26. During the short period of the current tenancy it is clear [NAME] have been numerous breaches that have repeatedly targeted [NAME]. [NAME] has been involvement with the tenant by [NAME] and the Police but it appears unlikely the tenant will comply with her obligations in the future. The behaviours are causing considerable distress and worry to [NAME] in living peacefully in their home. They are living in fear of what might happen next and do not feel able to travel away from home on holiday as they are concerned not only about their own safety when at home, but the safety of their home when they are away. I find that termination of the tenancy is an appropriate response to this application.

[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, [NAME]’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: