Tenant's Threats Lead to Termination in Tenancy Tribunal Case
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant threatened to burn down the rental unit. The tribunal used section 55(1)(b) of the Residential Tenancies Act 1986 to justify the termination.
⚖️ Legal holding
A tenant's threats to cause substantial damage to the premises can lead to the 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 the tenant has caused, allowed someone else to cause, or threatened to cause significant damage to the rental property. In this case, the tenant's threats to burn down the premises would fall under this rule.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to threats of substantial damage to the premises.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant who had threatened to burn down the premises. The decision was based on section 55(1)(b) of the Residential Tenancies Act 1986, which allows termination if the tenant threatens to cause substantial damage to the premises.
📚 Full judgment Official document
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[2025] NZTT 5197777
TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE], [NAME]
ORDER
1. The tenancy of [NAME] also known as [NAME] at Unit/[ADDRESS], [POSTCODE], [NAME] is terminated, and possession is granted to [COMPANY], at 11.59pm on Tuesday 1 April 2025.
2. [NAME] also known as [NAME] must pay [COMPANY] the sum of $27.00 immediately being the Tribunal application fee.
Reasons:
1. [NAME] attended the hearing for the landlord. The tenant was phoned on the number provided but the calls went to voicemail.
2. The landlord has applied for termination of the tenancy on the basis that the tenant has caused or threatened to cause substantial damage to the premises.
3. The relevant law is found in section 55(1)(b) of the Residential Tenancies Act 1986 (the Act). That section provides that the Tribunal must make an order
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terminating the tenancy if the Tribunal is satisfied that the tenant caused or threatened to cause substantial damage to the premises.
4. On 12 March 2025 the tenant twice threatened to burn down the premises and lit two small paper files inside the premises. The fires were extinguished by the fire brigade before they caused any substantial damage. The tenant was taken away by the [NAME] said that she has not as far as he is aware returned to the premises since then.
5. On the evidence before me I am satisfied that the landlord has established that the tenant has threatened to cause substantial damage to the premises. His evidence is supported by a statement signed by two witnesses who heard the tenant threatening to burn the premises down. This means that the criteria in section 55(1)(b) of the Act has been satisfied and I am required to make an order terminating the tenancy.
6. The landlord has been successful in its claim and is therefore entitled to payment of the Tribunal application fee.
[NAME]
26 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 threatened to burn down the premises on multiple occasions.
- Two witnesses provided statements confirming the tenant's threats to cause substantial damage.
- The fire brigade extinguished fires started by the tenant before any substantial damage occurred.
- The landlord applied for termination based on the tenant’s threats, which aligns with the relevant law.
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 tenancy of a tenant who had threatened to burn down the premises.
What was the dispute about?
The dispute was about whether the tenant's threats to burn down the premises justified terminating the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy based on the tenant's threats to cause substantial damage to the premises, as outlined in section 55(1)(b) of the Residential Tenancies Act 1986.
Which laws or rules were applied?
Section 55(1)(b) of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's threats to burn down the premises, which were considered substantial damage threats.
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 tenancy if they threaten to cause substantial damage to the premises.
What evidence or documents mattered?
Evidence included statements from witnesses who heard the tenant threatening to burn down the premises.