Tenant's Tenancy Terminated for Repeated Breaches and Damage
📌 In brief
The Tenancy Tribunal ended a tenant's lease because of repeated breaches and significant damage, even though the tenant had mental health issues.
⚖️ Legal holding
A tenant's tenancy can be terminated if they fail to comply with repeated breach notices and cause significant damage.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a termination notice from their landlord. The tenant must apply within 14 working days and argue that the landlord gave the notice because the tenant used their rights or complained about the landlord.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to ongoing damage and breaches.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenant's lease due to repeated breaches and significant damage, despite the tenant's mental health issues.
📚 Full judgment Official document
__________________________________________________________________________________ 5164012 1
[2025] NZTT 5164012
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 5pm on Monday 10th March 2025.
Reasons:
1. Both parties attended the hearing. The tenant was represented by [NAME] was advised that the tenant did not wish to take part and he confirmed that with [NAME] an hour before the hearing. [NAME] also confirmed that the tenant was aware of the possible outcome of today’s hearing.
2. The landlord has sought termination given the failure to comply with 14 day notices for breaches that include a significant number of breaches.
Should the tenancy be terminated?
3. 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.
__________________________________________________________________________________ 5164012 2
4. Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.
5. However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.
6. The tenant has breached their obligations by continuing to smoke excessively in the home, significant damages continuing to occur between inspections.,. the damages include holes in the walls and broken window, a dog at the property and another person living there.
7. It is an unfortunate situation given that the tenant suffers from mental health and is case managed and this may very well attribute to his living situation.
8. It would be inequitable to refuse to terminate the tenancy given the ongoing damage being caused in between inspections.
9. The landlord agrees to have the termination occurring on the 10th of March to give the tenant the opportunity to find alternative accommodation.
[NAME]
28 February 2025
__________________________________________________________________________________ 5164012 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 $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/
__________________________________________________________________________________ 5164012 4
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 landlord's request for termination was accepted due to the tenant's failure to comply with multiple 14-day breach notices.
- The tenant caused significant damage to the property between inspections, including holes in walls and a broken window.
- The tenant breached obligations by excessively smoking in the home.
- It was considered unfair to refuse to end the tenancy given the ongoing damage.
- The landlord agreed to a termination date that allowed the tenant time to find new accommodation.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant's tenancy was terminated due to repeated breaches and significant damage.
What was the dispute about?
The dispute was about whether the tenant's tenancy should be terminated due to repeated breaches and significant damage.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant failed to comply with repeated breach notices and caused significant damage.
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 tenant's actions were causing significant damage and failing to comply with repeated breach notices.
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?
Someone in a similar situation might face termination of their tenancy if they repeatedly breach their obligations and cause significant damage.
What evidence or documents mattered?
Evidence of repeated breaches and significant damage mattered in the decision.