Tenancy Tribunal dismisses claimant's termination request due to insufficient evidence
📌 In brief
The Tenancy Tribunal dismissed the claimant's request to terminate the tenancy because the claimant failed to provide sufficient evidence of repeated anti-social behavior over a 90-day period, as required by law.
⚖️ Legal holding
A landlord cannot terminate a tenancy based on anti-social behavior unless they provide clear and accurate written notices of breaches over a 90-day period.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice from their landlord ending the tenancy. The tenant must do this within 14 working days of getting the notice. They can argue that the landlord gave the notice because the tenant used a right they had, or made a complaint about the landlord.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant's application to terminate the tenancy was dismissed due to insufficient evidence of repeated anti-social behavior.
📜 Headnote Official document
The Tenancy Tribunal dismissed the claimant's application to terminate the tenancy due to insufficient evidence of repeated anti-social behavior over a 90-day period, as required by the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5127989 1
[2025] NZTT 5127989
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The landlord’s application is dismissed.
Reasons:
2. Both parties attended the hearing which was held by teleconference.
3. The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant or someone on the premises with the tenant’s permission.
4. Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied:
a. on 3 separate occasions within a 90-day period the tenant, or a person in the premises with the tenant’s permission, engaged in anti-social behaviour in connection with the tenancy; and
b. on each occasion the landlord gave the tenant written notice—
i. describing clearly which specific behaviour was considered to be anti-social and (if known to the landlord) who engaged in it; and
ii. advising the tenant of the date, approximate time, and location of the behaviour; and
__________________________________________________________________________________ 5127989 2
iii. stating how many other notices (if any) the landlord has given the tenant under this paragraph in connection with the same tenancy and the same 90-day period; and
iv. advising the tenant of the tenant’s right to make an application to the Tribunal challenging the notice and;
c. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice.
5. The landlord presented information regarding 5 instances of alleged anti-social behaviour that may have qualified for this section. However, the five instances involved two different 90-day periods and were not numerically correct.
6. This means the tenant would not have had accurate information, as is required under the Residential Tenancies Act, 1986, regarding the breaches, and the consequence of further breaches within an accurately described timeframe.
7. Because of this, the applicant has conceded that he is unable to pursue his current application to terminate the tenancy.
[NAME]
12 February 2025
__________________________________________________________________________________ 5127989 3
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/
__________________________________________________________________________________ 5127989 4
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 landlord provided multiple instances of alleged anti-social behavior.
- The landlord attempted to follow the necessary steps to terminate the tenancy based on anti-social behavior.
❌ Tends to be rejected
- The landlord could not provide clear and accurate written notices of breaches over a 90-day period.
- The landlord's information involved two different 90-day periods, making it numerically incorrect.
- The tenant did not receive accurate information about the breaches and their consequences within an accurately described timeframe.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal dismissed the claimant's application to terminate the tenancy.
What was the dispute about?
The dispute was about whether the landlord could terminate the tenancy based on alleged anti-social behavior.
How did the court decide, and why?
The court decided to dismiss the application because the landlord did not provide clear and accurate written notices of breaches over a 90-day period.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 54, was applied.
What was the argument that mattered most?
The argument that mattered most was the requirement for clear and accurate written notices of breaches over a 90-day period.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that they need to ensure they meet all legal requirements for terminating a tenancy based on anti-social behavior.
What evidence or documents mattered?
The evidence that mattered was the written notices provided by the landlord, which were found to be insufficient.