Tenant’s Tenancy Terminated Due to Partner’s Disruptive Behaviour
📌 In brief
A landlord successfully ended a lease because the tenant’s partner repeatedly disrupted their neighbors with loud arguments and dangerous behavior. This decision was based on the Residential Tenancies Act, which allows landlords to terminate tenancies for breaches that are serious or repetitive.
⚖️ Legal holding
A landlord may terminate a tenancy for breach where the nature or extent of the breach makes it inequitable to refuse termination, especially if the breach is repetitive and ongoing.
📖 What the law says
This section outlines the tenant's responsibilities, which include paying rent on time, using the property mainly for living, keeping it reasonably clean, and notifying the landlord of damage or needed repairs. It also covers what the tenant must do when moving out, such as leaving the premises clean and tidy and removing all belongings and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal terminated a fixed-term tenancy due to repeated breaches of peace and comfort by the tenant's partner.
📜 Headnote Official document
The Tenancy Tribunal terminated a fixed-term tenancy after the tenant's partner caused repeated disturbances to neighbours, including loud arguments and dangerous driving. The Tribunal found that these breaches were not capable of remedy and would be inequitable to ignore.
📚 Full judgment Official document
OUTCOME: Allowed
__________________________________________________________________________________ 5491793 1
[2026] NZTT 5491793
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [RESPONDENT] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As Agent For [NAME], at 11.59 am on Wednesday 10 June 2026.
2. The [COMPANY] is to pay the bond of $268.51 (5588230-004) to [COMPANY] As Agent For [NAME] immediately calculated as shown in the table below.
3. The balance of the bond is to remain at the [COMPANY].
Description Landlord Tenant Water rates: to 8 April 2026 $240.51 Filing fee reimbursement $28.00 Total award $268.51 Bond $268.51 $2,131.49
__________________________________________________________________________________ 5491793 2
Reasons:
1. The landlord attended the remote hearing.
2. The tenant did not attend the hearing by Teams video link or by telephone. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing has been given.
3. This is a fixed term tenancy.
4. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, water rates arrears, reimbursement of the filing fee and a partial release of the bond.
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 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.
7. 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.
8. The landlord alleges that the tenant has breached the terms of section 40(2)(c) Residential Tenancies Act 1986 (“RTA”).
9. Section 40(2)(c) RTA provides that a tenant shall not cause or permit any interference with the reasonable peace, comfort or privacy of any person residing in the neighbourhood. A tenant is also responsible for the actions of any other person who is in the premises with the tenants permission, if the act or omission would have constituted a breach of the tenancy agreement had it been the act or omission of the tenant.
10. The tenant has breached their obligations by allowing her partner to disrupt the peace of neighbours.
11. The landlord provided a statement from a neighbour. The neighbour lives close by the tenant’s premises. The neighbour recorded the following incidents;
• 31 March 2026 -the tenant and her partner had an argument involving screaming and driving recklessly down the street.
• 4 April 2026 -A friend of the tenant had driven his car into the tenant’s fence. The police were called.
__________________________________________________________________________________ 5491793 3
• 25 April 2026 An argument in the early hours of the morning between the tenant and her partner with loud screaming and yelling.
• 2 May 2026- a loud argument between the tenant and her partner. The partner left in a car driving dangerously.
• 10 May 2026 – a loud argument between the tenant and her partner.
• 12 May 2026 – a loud argument between the tenant and her partner. The argument ended when the tenant’s partner drove of in a reckless manner.
12. Police records provided show that between 12 July 2025 and 5 April 2026, Police were called to the address on 12 occasions. Six of those call outs were for disorderly or disruptive behaviour.
13. The breach is not capable of remedy because the incidents have already occurred.
14. It would be inequitable to refuse to terminate the tenancy. As this is a fixed term tenancy, the anti-social behaviour notice process is not applicable None of the incidents when considered alone would necessarily call for the tenancy to be terminated. The ongoing and repetitive nature of the tenant’s partners actions are such that it would be inequitable to refuse to terminate the tenancy. The behaviour has continued after this application was filed with Tenancy Services. I consider the repetitive breaches to be serious. The tenancy is terminated.
15. The landlord has provided water rates invoices which show that the water rates arrears as of the last reading on 8 April 2026 was $240.51.
16. As [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
[APPELLANT]
02 June 2026
__________________________________________________________________________________ 5491793 4
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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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/
__________________________________________________________________________________ 5491793 5
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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenant Ordered to Repay Rent Arrears to Avoid Eviction
- Tenancy Tribunal Tenant's Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Return Bond
- Tenancy Tribunal Tenant Ordered to Pay Landlord $3,519.97 for Rent Arrears and Damage
- Tenancy Tribunal Tenancy Terminated Due to Tenant’s Absence at Hearing
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Damages
- Tenancy Tribunal Tenants Ordered to Pay $621.97 for Property Damage
- Tenancy Tribunal Tenant Ordered to Pay Damages for End-of-Tenancy Breach
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears After Non-Attendance
- Tenancy Tribunal Tenant Ordered to Vacate Due to Rent Arrears
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Fees
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears Before Vacating Property
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant must pay outstanding rent.
- The tenant is responsible for any damage beyond fair wear and tear.
- The tenant failed to attend a hearing, leading to termination of the tenancy.
- The tenant did not comply with rental agreements or notices.
- The tenant left the property in an untidy condition.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal terminated a fixed-term lease due to repeated disturbances caused by the tenant's partner.
Who was involved?
A landlord and a tenant were involved in the dispute.
How did the court decide, and why?
The court decided that it would be inequitable to continue the tenancy given the repetitive nature of the disturbances.
Which laws or rules were applied?
Sections 40(2)(c) and 54 of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The landlord argued that the tenant's partner caused repeated disturbances, making it inequitable to continue the tenancy.
Was the decision for or against the person who brought the case?
The decision was in favour of the landlord.
What does this mean for someone in a similar situation?
A tenant whose partner causes repeated disturbances may face termination of their lease.
What evidence or documents mattered?
Statements from neighbors and police records were important in establishing the repetitive nature of the breaches.
Can a decision like this be appealed?
Yes, either party can appeal to the District Court within 10 working days.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer for such cases.