Tenant's Lease Terminated Over Repeated Anti-Social Behaviour
📌 In brief
The Tenancy Tribunal ended a tenant's lease because of repeated anti-social behavior, such as loud noise, damaging other tenants' belongings, and assaulting others. The landlord had given the tenant three written warnings within 90 days, as required by law.
⚖️ Legal holding
A tenant's tenancy can be terminated if they engage in anti-social behaviour three times within 90 days.
📖 Technical summary
The Tenancy Tribunal terminated the tenancy due to repeated anti-social behaviour.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant residing in a multi-apartment complex due to repeated anti-social behaviour, including loud noise, damage to others' property, and assault. The Tribunal found that the landlord had provided written notices on three separate occasions within 90 days, as required by the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2026] NZTT 5514448
TENANCY TRIBUNAL AT REMOTE
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat 8i, 2-[ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME_2] at Unit/Flat 8i, 2-[ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY_1], at 11.59 am on Monday 15 June 2026.
2. [NAME_2] must pay [COMPANY_1] $28.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Filing fee reimbursement $28.00 Total award $28.00 Total payable by Tenant to Landlord $28.00
Reasons:
1. The landlord attended the remote hearing.
2. The Tenant did not attend the hearing by Teams video link or by telephone. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.
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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 and reimbursement of the filing fee.
4. The tenant resides on the second floor of a multi apartment complex.
5. The landlord states that the anti-social behaviour is ;
• Repeated loud music, often in the early hours of the morning.
• Damaging other tenant’s belongings. On one occasion a vacuum cleaner belonging to another tenant was thrown from the balcony by this tenant. Police were called and the tenant was removed.
• Assaulting and yelling at other tenants.
6. 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
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.
7. The Act confirms that antisocial behaviour includes harassment or any act (whether intentional or not) that reasonably causes alarm, distress or nuisance that is more than minor.
8. I have taken into account the evidence presented by the parties as set out above.
9. I have determined that the landlord has established that anti-social behaviour has occurred on the premises by the tenant or a person on the tenancy with the tenant’s permission. The landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
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10. I consider it would not be unfair to terminate the tenancy taking into account the circumstances in which the behaviour arose and the notices were given. I cannot see that the landlord has acted in any retaliatory way in bringing this application.
11. I cannot consider the impact on the tenant, in making an order for termination of the tenancy.
12. As [COMPANY_1] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
S Young
10 June 2026
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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, 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/
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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:
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided to terminate the tenant's tenancy due to repeated anti-social behaviour.
What was the dispute about?
The dispute was about whether the tenant's anti-social behaviour justified terminating their tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the landlord had provided three written notices within 90 days, as required by law, and the tenant did not attend the hearing.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54, was applied.
What was the argument that mattered most?
The argument that mattered most was that the landlord had provided three written notices within 90 days, as required by law, detailing the anti-social behaviour.
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?
Someone in a similar situation could have their tenancy terminated if they engage in repeated anti-social behaviour and the landlord follows the proper procedures.
What evidence or documents mattered?
The evidence that mattered included the three written notices provided by the landlord and the tenant's failure to attend the hearing.