Tenancy Terminated Immediately Due to Tenant's Breaches
📌 In brief
The Tenancy Tribunal at Papakura terminated a tenant's lease immediately because the tenant was using drugs, altering the premises without permission, and causing disturbances to neighbors. The decision was based on breaches of the tenant's obligations under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant's tenancy can be terminated immediately if they breach their obligations and the breaches are not capable of remedy.
📖 What the law says
This section explains that once a possession order (an order for a tenant to leave the property) is officially recorded with the District Court, it works like a court order to get the property back. It also states that a Tenancy Adjudicator's decision in such a case is treated similarly to a District Court Judge's decision for certain enforcement purposes.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated immediately due to breaches of the tenant's obligations.
📜 Headnote Official document
The Tenancy Tribunal at Papakura terminated the tenancy of a tenant immediately due to breaches of obligations including drug use, unauthorised alterations to the premises, and disturbances to neighbors' peace and comfort.
📚 Full judgment Official document
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[2025] NZTT 5178031
TENANCY TRIBUNAL AT PAPAKURA | TE TARAIPIUNARA RETIHANGA KI PAPAKURA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated immediately, and possession is granted to [COMPANY] as Agent for [NAME], at 10.30am on Thursday 20 March 2025.
2. Leave is granted for this termination order to be enforced immediately pursuant to section 138(1)(b) of the District Courts Act 2016 and section 106(2) of the Residential Tenancies Act 1986.
3. The [COMPANY] is to pay bond of $914.40 (6139281-002) to [COMPANY] as Agent for [NAME] immediately.
Description Landlord Tenant Water charges to 19 February 2025 $887.40 Filing fee reimbursement $27.00 Total award $914.40 Bond $914.40
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Reasons:
1. The landlord attended the hearing today. There was no appearance by the tenant.
2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and for water charges.
Should the tenancy be terminated?
3. 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.
4. A 14-day breach notice must be served where the breach can be remedied. The landlord served a notice to remedy on 7 February 2025 in respect of use of the garage as a bedroom, a missing smoke alarm, and damage to the kitchen kickboard, walls, and windows. Where the breach is not capable of remedy, the landlord is not required to serve a breach notice. A breach is not capable of remedy where the thing done, or its effect, cannot be undone.
5. A tenant must not use the premises or permit the premises to be used for an unlawful purpose. It is unlawful to use premises for the use or possession of controlled drugs under the Misuse of Drugs Act 1975. A tenant must not cause or permit interference with the reasonable peace, comfort, or privacy of the landlord's other tenants or of anyone else living in the neighbourhood.
6. The tenant has breached their obligations by possessing and using drugs at the premises, using a storage area (the garage) as a bedroom when it has not been consented for such use, threatening others living in the neighbourhood and disturbing their quiet enjoyment with loud arguments and drums in the early hours. The tenant or her visitors have also damaged the premises although the extent of this is unclear.
7. The landlord says there are unknown persons living at the premises who the landlord has not approved – these individuals are threatening and have obstructed the landlord from performing inspections.
8. Several of these breaches are not capable of remedy. The effect of using drugs in the premises and disturbing the reasonable peace and comfort of others living in the area, for example, cannot be undone.
9. It would be inequitable to refuse to terminate the tenancy. The tenancy started on 23 June 2024. The Police first attended the premises the next day. There have been 16 visits by Police to the premises between 24 June 2024 and 6 March 2025. The Police have confirmed that drugs and drug paraphernalia have been found at the address during execution of search warrants. The tenant was arrested by Police.
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10. On the evidence presented, I am satisfied that the tenancy should be terminated to protect the interests of the landlord and the wider community.
11. Immediate termination is granted, enforceable immediately pursuant to section 138 of the District Courts Act 2016 and 106(2) of the Residential Tenancies Act 1986. The 48-hour stand down period does not apply.
Water charges and bond
12. The landlord provided water invoices and a water summary proving the amount currently owed for water.
13. Part of the bond of $2,840.00 has been applied to pay for the water charges and filing fee, as requested by the landlord. The balance of the bond remains at the [COMPANY].
Filing fee
14. The landlord’s application has succeeded. The filing fee must be awarded.
[NAME]
20 March 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 tenant possessed and used drugs at the premises.
- The tenant used a storage area (the garage) as a bedroom without consent.
- The tenant threatened others living in the neighborhood and disturbed their peace with loud arguments and drums.
- Unknown persons living at the premises obstructed the landlord from performing inspections.
- The breaches of using drugs and disturbing the peace cannot be undone.
❌ Tends to be rejected
- The landlord did not provide any specific argument that was rejected by the court.
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 tenancy immediately due to breaches of obligations.
What was the dispute about?
The dispute was about whether the tenant's behavior, including drug use and unauthorised alterations to the premises, justified immediate termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy immediately because several breaches were not capable of remedy and it would be inequitable to refuse termination.
Which laws or rules were applied?
The Residential Tenancies Act 1986, s 106(2) and the District Courts Act 2016, s 138(1)(b) were applied.
What was the argument that mattered most?
The argument that mattered most was that the breaches were not capable of remedy and it would be inequitable to refuse termination.
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, their tenancy could be terminated immediately if they breach their obligations and the breaches are not capable of remedy.
What evidence or documents mattered?
Evidence included police visits, search warrants, and confirmation of drug use and disturbances to neighbors.