Tenant's Serious Threats Lead to Lease Termination
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they made serious threats of violence towards other people living in the same building and the landlord's staff. This decision was based on the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant's threats of serious violence towards others justify termination of their tenancy under the Residential Tenancies Act 1986.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if a tenant has assaulted or threatened to assault the landlord, a member of the landlord's family, an agent of the landlord, or anyone else living in the building.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to serious threats of violence.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant who had threatened serious violence towards other occupants and landlord employees, citing the Residential Tenancies Act 1986, s 55(1)(c).
📚 Full judgment Official document
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[2025] NZTT 5136392
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room Suite 38, [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Room Suite 38, [ADDRESS], [POSTCODE] is terminated, and possession is granted to [NAME]– Homes And Communities immediately.
Reasons:
1. The Landlord was present. The Tenant, who is in Police custody, has been served via his newly appointed (criminal) lawyer. The Tenant has not requested to be heard.
2. The Landlord has sought termination of the tenancy pursuant to s 55(1)(c) of the Residential Tenancies Act 1986.
3. The evidence provided – including witness accounts and video evidence – establishes on the balance of probabilities that [NAME] threatened serious violence (including threats to kill) towards another occupant of the complex where he resided, as well as [NAME] employees, on 13 December 2024.
4. [NAME]’s threats included explicit threats of violence directed toward neighbours and [NAME] staff, creating significant fear and distress among residents and employees.
5. The behaviour has substantially interfered with the peace, comfort, and safety of other tenants and landlord agents, rendering the breach non-remediable.
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6. I have spoken with one of the witnesses who has confirmed the seriousness of the Tenant’s behaviour and the adverse effect it has on other tenants.
7. Given the seriousness of the threats and the documented ongoing aggressive and antisocial behaviour (drinking, becoming boisterous and picking fights), it would be inequitable for the Tribunal to exercise discretion under section 55(2) and refuse termination.
8. I decline the Landlord’s request for suppression of the Tenant’s name and identifying details.
Addendum
9. Date of Order corrected.
[NAME]
7 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 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].
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant threatened serious violence towards neighbors and employees.
- The threats created significant fear and distress among residents and employees.
- The behavior substantially interfered with the peace, comfort, and safety of others.
- The tenant's aggressive and antisocial behavior was ongoing and documented.
❌ Tends to be rejected
- The tenant did not request to be heard.
- The tenant's name and identifying details were not suppressed by the tribunal.
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 serious threats of violence.
What was the dispute about?
The dispute was about whether the tenant's threats of violence justified terminating their lease.
How did the court decide, and why?
The court decided to terminate the lease because the tenant's threats of violence were deemed serious enough to interfere with the peace and safety of others.
Which laws or rules were applied?
The Residential Tenancies Act 1986, s 55(1)(c) was applied.
What was the argument that mattered most?
The most important argument was that the tenant's threats of violence were serious and had caused significant fear and distress among residents and employees.
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 might face termination of their lease if they make serious threats of violence towards others.
What evidence or documents mattered?
Witness accounts and video evidence of the tenant's threats were crucial in making the decision.