Tenant's Responsibility for Occupant Actions Leads to Tenancy Termination
📌 In brief
The Tenancy Tribunal ended a tenant's lease because the tenant allowed an occupant to live at the premises without the landlord's permission, leading to significant damage and threats of violence.
⚖️ Legal holding
A tenant is responsible for the actions of occupants they permit at the premises.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the tenant has caused, allowed someone else to cause, or threatened to cause significant damage to the rental property. It also applies if the tenant has assaulted or threatened to assault the landlord, their family, agent, or another person living in the building.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to substantial damage and threats of assault by an occupant.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to substantial damage and threats of assault by an occupant the tenant had previously allowed to reside at the premises without the landlord's consent.
📚 Full judgment Official document
__________________________________________________________________________________ 4719689 1
[2024] NZTT 4719689
TENANCY TRIBUNAL - [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. The tenancy of [NAME] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s] at 2:00pm on Monday 12 February 2024.
Reasons:
1. The landlord’s representative and the tenant attended the hearing today.
2. The landlord has made an application to terminate the tenancy.
3. The reasons for the application are:-
a. That the tenant permitted her [[NAME]] to live at the premises when the tenancy agreement only allowed two occupants and the landlord had previously declined consent for him to live there; and
b. [[NAME]] has caused substantial damage to the premises, and
c. [[NAME]] has threatened to cause more substantial damage to the premises, and
d. [[NAME]] has threatened to assault the landlord, the tenant, and neighbours.
4. The law says that if I am satisfied that someone who the tenant allowed to be at the premises caused substantial damage or threatened to assault the landlord, or to cause more substantial damage to the premises, then I must terminate the tenancy. Section 55(1)(b) and (c) Residential Tenancies Act 1986 (RTA).
__________________________________________________________________________________ 4719689 2
5. The landlord has given the Tribunal documents, photographs, and oral evidence that proves the above claims.
6. The specific evidence is:-
a. The tenancy agreement allows only the tenant and [NAME] which is [redacted] (the tenant’s younger son).
b. Photographs taken by the landlord on 19 November 2023 which show substantial damage inside the flat including one large hole smashed through an internal wall, one internal door with about two-thirds of the door smashed out and the inner core gone, and at least two or three other smaller holes in walls.
c. Oral evidence from the landlord that while she was present at the property on 8 November 2023, that [[NAME]] verbally threatened to assault the tenant, and the landlord, and to smash up the house.
d. Copies of breach letters sent to the tenant by the landlord that record the above events.
e. Oral evidence from the landlord that she has viewed (and has a copy of) a video recording made on a neighbour’s security camera on 19 November 2023 that shows [[NAME]] threatening to smash up the house and swearing and yelling threats and abuse.
f. A copy of a police report made by the landlord to the police on 20 November 2023 which reports the damage to the premises and threats made by [[NAME]] and refers to the security camera recording.
7. The tenant accepts that she gave the tenancy address as a bail address for [[NAME]] although the landlord had declined consent for him to live there. She also agrees that it was [[NAME]] who smashed the door and the walls.
8. [NAME] says that she has told [[NAME]] that he cannot live at the premises anymore. She says she now lives there alone. She also said that she has fixed some of the damage.
9. The tenant herself did not cause the damage and did not make threats.
10. However, she did allow [[NAME]] to be at the premises and the law says that she is responsible for anything that is done by someone who is there with her permission; s41 RTA.
11. This means that I must terminate the tenancy because of the substantial damage and the threats of assault and damage made by [[NAME]].
12. The tenancy will terminate at 2:00pm on Monday 12 February 2024.
[NAME] 30 January 2024
__________________________________________________________________________________ 4719689 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 $200. 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 [NAME] 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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant allowed an additional person to live at the premises despite the tenancy agreement only permitting two occupants.
- Substantial damage was caused to the premises by the additional person.
- Threats of assault and further damage were made by the additional person.
- The tenant is legally responsible for the actions of occupants they permit at the premises.
❌ Tends to be rejected
- The tenant did not personally cause the damage or make threats.
- The tenant attempted to address the situation by telling the additional person they could not live at the premises anymore.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated because the tenant allowed an occupant to live at the premises without the landlord's permission, causing substantial damage and threats of assault.
What was the dispute about?
The dispute was about whether the tenant should be held responsible for the actions of an occupant they allowed to live at the premises.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant was responsible for the actions of the occupant they allowed to live at the premises, as per the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically sections 55(1)(b) and (c), were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was responsible for the actions of the occupant they allowed to live at the premises.
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 someone in a similar situation, allowing an occupant to live at their premises without the landlord's permission could lead to termination of the tenancy if the occupant causes substantial damage or threatens violence.
What evidence or documents mattered?
Photographs showing damage, breach letters, oral evidence of threats, and a police report were important pieces of evidence.