Tenant Loses Tenancy Over Illegal Activities
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they kept breaking the rules by using illegal drugs and smoking inside their unit, despite multiple warnings. The Tribunal decided it wasn't fair to let the tenant stay when they didn't follow the rules.
⚖️ Legal holding
A tenant's tenancy can be terminated if they repeatedly engage in unlawful conduct despite multiple warnings.
📖 What the law says
This law allows the Tenancy Tribunal to end a tenancy if one party breaks the tenancy agreement or the Act. If the problem can be fixed, the party who complained must have given the other party at least 10 working days' notice to fix it, and the other party failed to do so.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to breaches involving illegal substances and smoking violations.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant who had repeatedly violated the terms of the tenancy agreement by using and storing illegal substances and smoking in violation of the agreement. The Tribunal found that it would be inequitable to allow the tenancy to continue given the repeated nature of these breaches and the tenant's failure to rectify them.
📚 Full judgment Official document
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[2025] NZTT 5154575
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/Flat [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] on Friday, 4 April 2025.
Reasons:
1. Both parties attended the hearing.
2. The Landlord has applied to terminate the tenancy pursuant to s 56 Residential Tenancies Act 1986 (RTA) and has served several breach notices on the Tenant.
3. The Tenant feels the Landlord’s evidence has been unlawfully obtained and his quiet enjoyment has been interfered with.
4. The Tenant initially hung up the phone, early on in our phone hearing, he later said, because he was frustrated by the Landlord’s behaviour. He disconnected again, towards the end of the hearing, before I could ask him further questions around how his tenancy might continue. I gather he was unhappy with what he was hearing, and I did not try to call him back again. It was apparent, at that stage, what the law required me to do.
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Should the tenancy be terminated?
5. 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. See section 56(1) Residential Tenancies Act 1986.
6. Where the breach is capable of remedy, the Landlord must first serve a notice on the Tenant requiring them to remedy the breach within at least 14 days and establish that the Tenant has failed to do so.
7. The Tenant has breached their obligations by using and/or storing illegal substances on the property and smoking in a manner that breaches their tenancy agreement. These actions violate specific clauses in the tenancy agreement and the RTA, namely:
a. Illegal Substances: As stated on page 4 of the tenancy agreement: “The tenant must not use or store any illegal drugs or substances, or any substances used in the manufacture of drugs at the property.”
b. Smoking: As stated on page 2 of the tenancy agreement: “No smoking in the property. Any smoking outside of property must not cause any nuisance to any other resident/s.”
c. Use of the premises for an unlawful purpose – marijuana being an illicit substance – is an unlawful act under the RTA.
8. The Landlord served 14-day notices on the Tenant on 17 October 2024, 23 October 2024, and 15 January 2025, but the Tenant has continued to smoke marijuana, on his own admission.
9. The property manager gave direct evidence of having observed the Tenant either smoking marijuana or the smell of marijuana coming from his flat.
10. It would be inequitable to refuse to terminate the tenancy because the tenant has repeatedly engaged in unlawful and prohibited conduct despite multiple warnings and formal notices. The continued presence of illegal substances poses serious legal and safety concerns, and the smoking violations have caused nuisance and distress to other residents. Given the repeated nature of these breaches and the Tenant’s failure to rectify them, allowing the tenancy to continue would place an undue burden on the landlord and other tenants.
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11. Despite repeated warnings and opportunities to comply, the Tenant has failed to adhere to the terms of the tenancy agreement. Given the serious and ongoing nature of these breaches, it is just and reasonable to terminate the tenancy.
[NAME]
21 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 [NAME]/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 [NAME]/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.[NAME]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/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: [NAME]/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 repeatedly used and stored illegal substances despite multiple warnings.
- The tenant violated the smoking policy by smoking marijuana inside the property.
- The landlord provided evidence of the tenant's ongoing illegal activities.
- The breaches posed legal and safety risks, causing nuisance and distress to others.
- The tenant failed to correct the breaches even after receiving formal notices.
❌ Tends to be rejected
- The tenant claimed the landlord's evidence was unlawfully obtained.
- The tenant felt his quiet enjoyment was interfered with by the landlord.
- The tenant disconnected during the hearing out of frustration with the proceedings.
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 due to repeated violations of the tenancy agreement involving illegal substances and smoking.
What was the dispute about?
The dispute was about whether the tenant's tenancy should be terminated because of their repeated use of illegal substances and smoking in violation of the tenancy agreement.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had repeatedly engaged in unlawful conduct despite multiple warnings, making it inequitable to allow the tenancy to continue.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 56, was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had repeatedly violated the terms of the tenancy agreement despite multiple warnings, making it inequitable to allow the tenancy to continue.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case, terminating the tenant's tenancy.
What does this mean for someone in a similar situation?
Someone in a similar situation who repeatedly violates the terms of their tenancy agreement may face termination of their tenancy.
What evidence or documents mattered?
Evidence included breach notices served by the landlord, observations by the property manager, and the tenant's own admissions of smoking marijuana.