Tenant's tenancy terminated for non-compliance with Tribunal orders
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they didn't follow previous orders to remove dogs and a cabin from their property, causing problems for neighbors and the community.
⚖️ Legal holding
A tenant must comply with orders of the Tenancy Tribunal to avoid termination of their tenancy.
📖 What the law says
This section outlines a tenant's responsibilities, which include paying rent on time, keeping the property reasonably clean and tidy, and notifying the landlord of any damage or needed repairs. It also requires tenants to leave the property clean and tidy and remove their belongings when the tenancy ends.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to the tenant's failure to comply with previous orders.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant who failed to comply with previous orders to remove dogs and a cabin from the property, leading to ongoing issues for neighbors and the community.
📚 Full judgment Official document
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[2025] NZTT 5158532
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], today Monday 10 March 2025 at 11.59 pm.
Reasons:
1. The landlord attended the hearing by telephone at the scheduled start time of 11.30 am.
2. The tenant was then telephoned but explained that she was not at home and so the Tribunal agreed to delay the start time to 11.45 am.
3. The tenant was telephoned at that time. She would not co-operate in the hearing by speaking over the Adjudicator, ignoring his warnings and interrupting. Having been warned twice, she was removed from the hearing.
4. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
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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 Tribunal issued an order on 4 December 2024 (“the order”) requiring the tenant to:
a. Remove all dogs from the property within 10 days of the order; and
b. Remove any cabins from the property within 14 days of the order.
8. The landlord gave evidence that the tenant has not removed either the dogs or the cabin from the premises. The landlord provided further photographic evidence of dogs roaming outside the property, the continued presence of the cabin on the property and the impact the roaming dogs are having on the neighbours and the local primary school whose pupils and parents feel unsafe walking past the property because of her roaming dogs.
9. The Tribunal is satisfied that these breaches are of such a nature and extent that it would be inequitable to refuse to make an order terminating the tenancy for the following reasons:
a. The tenant is in breach of an order of the Tribunal. It is now nearly three months since the tenant was required to comply with the order and has not done so.
b. The breaches are longstanding. The landlord issued breach notices on 10 June 2024 and 5 September 2024. The breaches have continued for a period of nine months and the tenant has not taken the steps required to remedy them.
c. The breaches are being committed intentionally by the tenant.
d. The Tribunal cannot be satisfied that the tenant will not continue with these breaches.
e. The landlord has obligations to the neighbours of the premises who are also the landlord’s tenants. While the tenant has breached specific provisions in her tenancy agreement regarding the dogs and the cabin, she is also in breach of her obligation under section 40(2)(c) RTA that she shall not cause or permit any interference with the reasonable peace, comfort, or privacy of any of the landlord’s other tenants in the use of the premises
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occupied by those other tenants, or with the reasonable peace, comfort, or privacy of any other person residing in the neighbourhood.
f. The breaches are serious. The landlord’s evidence is that the dogs are unregistered, unrestrained and have been known to bite. The landlord’s evidence is that they are a hazard to pedestrians and to vehicles.
g. Termination is not a disproportionate response to these breaches. The tenant has been given ample opportunity to remedy them and has chosen not to.
10. The tenancy is to be terminated and possession granted to the landlord.
[NAME]
10 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].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant did not remove the dogs from the property as ordered.
- The tenant did not remove the cabin from the property as ordered.
- The breaches have been ongoing for nine months without remedy.
- The tenant intentionally continues to breach the terms of the tenancy agreement.
- The breaches interfere with the peace and safety of neighbors and school children.
❌ Tends to be rejected
- The tenant claims she was not at home during the scheduled hearing time.
- The tenant refuses to cooperate during the hearing, interrupting and ignoring warnings.
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 tenancy for failing to comply with previous orders.
What was the dispute about?
The dispute was about the tenant's refusal to remove dogs and a cabin from the property despite previous orders from the Tribunal.
How did the court decide, and why?
The court decided to terminate the tenancy because the breaches were longstanding, intentional, and had caused significant issues for neighbors and the community.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 54 and 40(2)(c) were applied.
What was the argument that mattered most?
The most important argument was that the tenant had ignored previous orders and had caused ongoing issues for neighbors and the community.
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 should ensure they comply with all orders from the Tenancy Tribunal to avoid termination of their tenancy.
What evidence or documents mattered?
Photographic evidence of the dogs and cabin, along with evidence of the impact on neighbors and the community, was presented.