Tenancy Tribunal Terminates Boarding House Tenancy Due to Misconduct

OUTCOME: Allowed

__________________________________________________________________________________ 5482430 1

[2026] NZTT 5482430

TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: Room B, [ADDRESS], [POSTCODE]

ORDER

1. [RESPONDENT]’s tenancy is terminated and [APPELLANT] is granted possession of the boarding house room and all facilities of the boarding house at Room B, [ADDRESS], upper riccarton, Christchurch 8041. This order takes effect from 11.59 pm on Thursday 7 May 2026.

2. The [COMPANY] is to pay the bond of $660.00 (BN-17594951) to [APPELLANT] [COMPANY] immediately.

3. [RESPONDENT] must pay [APPELLANT] $132.00 immediately, calculated as shown in the table below:

Description Landlord Tenant Cleaning and rubbish removal $720.00 Wall damage $200.00 Key replacement (2 keys @ $12 each) $24.00 Filing fee reimbursement $28.00 Less rent credit $180.00 Total award $972.00 $180.00 Net award $792.00 Bond $660.00 Total payable by Tenant to Landlord $132.00

__________________________________________________________________________________ 5482430 2

Reasons:

1. The hearing was convened by video conference on 7 May 2026. The landlord attended. The tenant did not attend. The Tribunal attempted to contact the tenant on the contact number provided in the application but without success. I am satisfied that adequate notice of the hearing was served on the tenant and that the tenant ought reasonably to have been aware of the hearing. I therefore proceeded in the tenant’s absence.

2. The landlord has applied for possession of the boarding house room occupied by the tenant together with compensation arising from the condition in which the room was left at the end of the tenancy.

3. I apologise for the delay in issuing this decision. The delay has not affected the outcome of the proceedings. The termination and possession orders take effect from the date of the hearing, being 7 May 2026 at 11.59pm, and nothing arising from the delay alters that position.

Background

4. This was a boarding house tenancy governed by Part 2A of the Residential Tenancies Act 1986. The tenancy commenced on 3 December 2025. The weekly rent was $180.00 and the bond was $660.00.

5. On 28 March 2026 the landlord issued a 14-day notice to remedy by email. The notice alleged a series of ongoing breaches of the tenant’s obligations, including causing excessive noise and disturbance, confronting and accusing other tenants, interfering with the quiet enjoyment of other occupants, inappropriate conduct in common areas, and interfering with CCTV equipment located in common areas.

6. The landlord advised that the tenant’s conduct had resulted in complaints from other residents and police attendance at the property. The landlord further advised that tenants had reported feeling unsafe and that the behaviour was continuing despite intervention by the landlord.

7. The breaches were not remedied within the period specified in the notice. The landlord subsequently filed an application seeking termination and urgent possession.

8. Prior to the hearing, the landlord provided a further update advising that on 27 April 2026 the tenant had returned to the property accompanied by his father after reportedly being released from police custody. The following day arrangements were made for the tenant to collect his belongings. The tenant briefly attended but did not return. The tenant’s parents subsequently attended and removed the tenant’s belongings from the room. The landlord advised that the parents stated any remaining items were rubbish and apologised for the circumstances.

__________________________________________________________________________________ 5482430 3

9. The landlord also supplied photographs showing the condition of the room at the commencement of the tenancy and after the tenant vacated, together with invoices for cleaning and rubbish removal and evidence supporting claims for wall damage and replacement keys.

Relevant Law

10.This matter is governed by Part 2A of the Residential Tenancies Act 1986.

11.Section 66K(2)(d) provides that a tenant of a boarding house must not cause or permit any interference with the reasonable peace, comfort, or privacy of any person residing in the neighbourhood.

12.Section 66U provides grounds upon which a boarding house tenancy may be terminated in circumstances involving serious misconduct or conduct endangering persons or property.

13.Section 66Y empowers the Tribunal to terminate a boarding house tenancy and grant possession where satisfied that termination is justified.

14.Section 66M(c) requires a tenant, upon termination of a boarding house tenancy, to leave the room in a reasonably clean and reasonably tidy condition and remove all rubbish.

15.Section 66K(1)(f) requires a tenant to compensate the landlord for damage caused by the tenant or the tenant’s visitors, other than fair wear and tear.

Analysis

Has the tenant breached their obligations and is termination justified?

16. I am satisfied on the evidence before me that the tenant repeatedly breached obligations owed under Part 2A of the Act.

17.The 14-day notice set out a series of concerns relating to disruptive and intimidating behaviour affecting other residents. The allegations included excessive noise, confrontational behaviour towards other tenants, interference with CCTV equipment and conduct which significantly affected the quiet enjoyment of other occupants.

18.The landlord’s evidence was detailed and consistent. It was supported by reports from other residents, evidence that police had attended the property, and the landlord’s subsequent updates regarding the tenant’s conduct. The tenant did not

__________________________________________________________________________________ 5482430 4

attend the hearing to challenge that evidence and has provided no explanation or contrary material.

19. I am satisfied that the conduct described constituted interference with the reasonable peace, comfort and privacy of other residents, contrary to section 66K(2)(d) of the Act.

20. I am further satisfied that the landlord took reasonable steps by issuing a formal 14-day notice to remedy. The evidence establishes that the conduct was not remedied. Rather, the concerns continued and escalated to the point where other residents reported feeling unsafe.

21. In those circumstances, termination of the tenancy was justified. I am satisfied there were proper grounds for termination and that the landlord was entitled to possession under section 66Y of the Act.

22.Given the evidence that the tenant had effectively vacated the premises before the hearing and that the landlord required certainty regarding possession, it was appropriate to grant possession effective from 11.59pm on 7 May 2026.

Compensation

23.The landlord seeks compensation of $720.00 for cleaning and rubbish removal, $200.00 for wall damage and $24.00 for replacement keys.

24.The landlord has provided photographs showing the room at the commencement of the tenancy in a clean and undamaged condition and photographs showing the condition in which it was left at the end of the tenancy. The landlord also provided an invoice supporting the cleaning and rubbish removal costs and evidence supporting the wall damage and replacement key claims.

25.The evidence establishes that the tenant failed to leave the room in a reasonably clean and reasonably tidy condition and failed to remove rubbish as required by section 66M(c) of the Act.

26.The photographs also establish damage to the wall beyond ordinary wear and tear. I am satisfied the landlord’s claim of $200.00 is reasonable and supported by the evidence.

27.The landlord’s evidence regarding the replacement keys is also accepted. The landlord advised that the keys were not returned and that the tenant’s father confirmed they had been lost. The replacement cost of $24.00 is reasonable.

28.Accordingly, I award compensation of $944.00.

__________________________________________________________________________________ 5482430 5

Rent Credit

The landlord acknowledged that the tenant had a rent credit of $180.00. That amount must be credited against the landlord’s claim.

Filing Fee

The landlord has been successful and is entitled to reimbursement of the Tribunal filing fee of $28.00.

J [NAME]

04 June 2026

__________________________________________________________________________________ 5482430 6

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, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is 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/

__________________________________________________________________________________ 5482430 7

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: