Tenancy Terminated Over Threat of Assault

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[2025] NZTT 5261482

TENANCY TRIBUNAL AT HASTINGS | TE TARAIPIUNARA RETIHANGA KI HERETAUNGA

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], at 11:59pm on Sunday 15 June 2025.

2. [NAME] must pay [COMPANY] $27.00 being the filing fee on this application.

Reasons:

1. Both parties initially attended the hearing, which was held by teleconference.

2. Once the hearing began, I was unable to persuade the tenant to allow the landlord’s property managers, as applicants, the chance to speak to their application. Instead, the tenant repeatedly insisted that the house was going to be bought for her and what was the price and that she is going to sue the property manager.

3. With no disrespect to the tenant intended, the tenant’s presentation gave me concern about her capacity to understand the nature of the application or to respond to it.

4. I gave the tenant several warnings that if she did not allow the hearing to proceed, I would terminate her participation, which I then did. I explained to the landlord’s representatives that I would allow them to present their claim and

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evidence and that I would then phone the tenant back, explain to her the claim and the evidence presented and give the tenant an opportunity to respond.

5. When I tried to call the tenant back, the call went to answerphone.

Should the tenancy be terminated?

6. Section 55(1)(c) provides that, “Subject to subsection (2), 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 threated to assault…….(iii) any agent of the landlord.”

7. The evidence provided by the landlord shows that concern was expressed by neighbouring residents on 8 May 2025, that a male residing in the premises, not being a tenant named on the agreement, was wielding a machete at cars on the road outside the premises.

8. The property manager contacted the tenant asking that she have that person move out.

9. The landlord has provided in evidence a copy of a txt sent to the property manager by the tenant on that date, abusing and insulting the property manager, and asserting that the house was bought for the tenant.

10. The property manager then reported the matter to the police on 15 May 2025.

11. On 22 May 2025, the tenant txt the property manager saying, “Don’t fucken come or I’ll kill you on inspection day the headhunters bought it for me and you’re a teke and next time he’s going to pick you up and throw you too [ADDRESS]”

12. That threat was reported to the police who visited the tenant. The landlord’s evidence is that the police considered the threat sufficient to justify arresting the tenant but the landlord confirmed that it did not want a criminal prosecution, just for the tenancy to end as it could not safely manage the tenancy or undertake inspections etc with those threats having been made.

13. The provisions of s.55(1)(c) are clear that the Tribunal shall terminate the tenancy if satisfied that there has been a threat of assault. The alternative in s.55(2) does not apply here.

14. The evidence clearly establishes a threat by the tenant to assault (kill) the property manager. The tenancy must be terminated

15. The landlord suggests that the termination take effect in 10 days to allow the tenant an opportunity to find alternative accommodation, which is reasonable in the circumstances.

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16. As the landlord has succeeded with the claim the filing fee is reimbursed.

[NAME]

05 June 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: