Tenant's Lease Terminated Over Threats and Pet Compliance Issues
📌 In brief
The Tenancy Tribunal ended a tenant's lease because the tenant threatened to harm the landlord's staff and refused to remove unapproved dogs from the rental property, despite previous orders to do so.
⚖️ Legal holding
A tenant's tenancy can be terminated if they threaten to assault the landlord's staff and fail to comply with previous orders to remove unapproved pets.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the tenant has threatened to assault the landlord, a family member of the landlord, or an agent of the landlord. In this case, the tenant threatened the landlord's staff.
This rule allows the Tenancy Tribunal to end a tenancy if one party has broken a term of the tenancy agreement or the Act. If the breach can be fixed, the other party must be given a notice to fix it within at least 10 working days, and they must fail to do so. This applies to the tenant's failure to remove unapproved pets.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to threats of assault and failure to remove unapproved dogs.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant who threatened to assault the landlord's staff and failed to remove unapproved dogs from the premises, as per the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5206871
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 5pm on 16 April 2025.
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for termination of the tenancy on grounds that the tenant had threatened to assault its staff and for breach of the tenant’s obligations in keeping dogs at the premises without the landlord’s permission.
Should the tenancy be terminated?
3. The Tribunal must terminate a tenancy where the tenant has assaulted, or has threatened to assault, the landlord or agent of the landlord. See section 55(1)(c) Residential Tenancies Act 1986.
4. 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.
5. The landlord is a social housing agency.
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6. On 26 February 2025, the tenant threatened to assault the landlord’s Senior Housing Support Manager [NAME] when she said: “[NAME], I am the type of person who will follow you home, burn you, your house and your kids down if you make me get rid of my dogs”.
7. The tenant acknowledges issuing those threats although she maintains that she never meant to follow through with those threats. The tenant was upset that the landlord took issue with her keeping dogs at the premises; the tenant was not prepared to part with her dogs.
8. Being satisfied that a threat to assault an agent and staff of the landlord had been made by the tenant, the Tribunal must terminate the tenancy. Section 55(1)(c) RTA places a threat of assault on the same level and degree of seriousness with actual assault. To that extent, threats cannot be disregarded despite the maker of the threats not intending to follow through with them in any manner whatsoever.
9. I am also satisfied that the tenancy should be terminated under section 56 RTA because the tenant is unwilling to remove dogs on the premises.
10. [NAME] has previously applied to the Tribunal in November 2024 for [NAME] to remove her unconsented dogs from the property. The dogs have soiled and damaged the property.
11. In my order under application 5057588, [NAME] was directed to remove the dogs by 20 November 2024. The dogs had yet to be removed during the landlord’s visit on 26 February 2025.
12. In fact, there were more dogs at the property as one of the dogs had given birth.
13. During the visit, [NAME] informed [NAME] that she was going to have the dogs registered soon. She also acknowledged the deteriorating condition of the property.
14. For the above reasons, under section 56 RTA, I consider that it would be inequitable to refuse to terminate the tenancy as sought by the landlord.
15. The tenancy is therefore terminated; I allow the tenant a week to leave the premises.
[NAME]
09 April 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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant threatened to assault the landlord's staff.
- The tenant refused to remove unapproved dogs from the premises despite previous orders.
- The tenant caused damage to the property by allowing dogs to soil and damage it.
- The tenant failed to comply with a previous order to remove the dogs by the specified deadline.
❌ Tends to be rejected
- The tenant's claim that they never intended to follow through with the threats was not sufficient to prevent termination.
- The tenant's promise to register the dogs and acknowledge the deteriorating condition of the property came too late to avoid termination.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided to terminate the tenant's lease due to threats of assault and failure to remove unapproved dogs.
What was the dispute about?
The dispute was about the tenant's threats to assault the landlord's staff and their refusal to remove unapproved dogs from the rental property.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant's threats were serious enough to warrant termination, and the tenant had not complied with previous orders to remove the dogs.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(c) and 56(1), were applied.
What was the argument that mattered most?
The most important argument was that the tenant's threats to assault the landlord's staff were serious enough to warrant termination of the tenancy.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
For tenants in a similar situation, failing to comply with previous orders and making threats of assault could lead to the termination of their lease.
What evidence or documents mattered?
The evidence included the tenant's threats and the previous order to remove the dogs.