Tenant’s Tenancy Terminated Due to Threats and Anti-Social Behaviour

OUTCOME: Allowed

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[2026] NZTT 5503248

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]

ORDER

1. The tenancy of [RESPONDENT] at Unit/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [NAME]–[APPELLANT[NAME], at 11:59pm on Friday 5 June 2026.

Reasons:

2. The applicant attended the hearing. The respondent did not.

3. [APPELLANT] [RESPONDENT] seeks termination of this tenancy on two grounds.

Termination under Section 55A

4. The first ground is under section 55A of the Residential Tenancies Act 1986. That section provides that a landlord may seek an order from the Tribunal terminating a tenancy on the grounds of anti-social behaviour if, on three separate occasions within a 90-day period, the tenant engaged in, or threatened to engage in, anti-

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social behaviour, and on each occasion the landlord gave the tenant written notice.

5. I am satisfied that the landlord issued three notices that are appropriately characterised as anti-social behaviour notices.

6. The first two notices relate to telephone calls made by the tenant to the [COMPANY]. In the first phone call Mr [RESPONDENT] threatens to assault and kill his neighbour. In the second, Mr [RESPONDENT] makes inappropriate references, including racial slurs and Nazi-related references, as part of a request to have a new housing manager assigned to him.

7. The third incident relates to an occasion when two [NAME] staff members attended the property to conduct an inspection. Police officers observed the visit from several metres away in case the situation deteriorated. During that interaction, the tenant again used racist and inappropriate language and swore at the staff members. As the staff members were leaving, the tenant threw what appeared to the staff member to be a butter knife, but it did not make contact with either staff member as they had sufficient time to close the glass door. The item made contact with the glass door.

8. The first incident occurred on 16 January 2026, the second on 9 March 2026, and the third on 27 March 2026. The notice relating to the third incident was not issued until 30 April 2026, 34 days after the incident and 104 days after the first incident relied upon by [NAME].

9. The criteria in section 55A are time-bound. Whilst the Act does not prescribe a specific timeframe within which a notice must be issued following the relevant conduct it does provide a 90 day period within which all 3 incidents must occur to access termination under these provisions.

10. It is unclear why [NAME[NAME] delayed issuing the third notice for 34 days. Whatever the explanation, that delay sits uneasily with the urgency inherent in the statutory scheme and undermines the proposition that immediate intervention was required.

11. In those circumstances, I am not satisfied that the third notice can properly be relied upon for the purposes of section 55A. By the time it was issued, 104 days had elapsed since the first incident relied upon by [NAME[NAME]. The chronology is difficult to reconcile with the prompt and escalating response contemplated by section 55A.

Accordingly, termination under section 55A is not available.

Termination under Section 55(1)(c)

12. The second ground upon which [NAME[NAME] seeks termination is section 55(1)(c) of the Act, which provides for termination where the tenant has assaulted, or threatened to assault, a neighbour of the premises or the landlord.

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13. The section 55(1)(c) application relies primarily on the third incident, and in particular the throwing of the butter knife, as conduct said to satisfy the criteria of that provision.

14. I do not consider that the events of 27 March 2026 satisfy section 55(1)(c) or amount to a threat to assault the staff members. The descriptions provided by the police officers and the two staff members suggest, on the balance of probabilities, that Mr [RESPONDENT] showed restraint and threw the butter knife only once there was a physical barrier between himself and the staff members and the force of the object was broken by glass which did not break. Whilst the behaviour was wholly inappropriate, I am not satisfied that it amounted to an assault or threat to assault within the meaning of section 55(1)(c).

15. However, whilst the incident of 27 March 2026 does not meet the criteria of section 55(1)(c), I am satisfied that the incident of 16 January 2026, which was the subject of the first anti-social behaviour notice, did amount to a threat to assault.

16. During that call, Mr [RESPONDENT] stated in relation to his neighbour:

"If she passes my flat and gawks at me next time, she is getting a knife in her skull. Any more shit, things are going to escalate with violence. You'll see blue uniforms all over the place. Tell her to stay the f*** away from me. Next time I'll chuck a knife into her. Bought a new knife was in the army."

17. I am satisfied that these statements amounted to a threat to assault.

18. The pattern of behaviour following 16 January 2026 further demonstrates that Mr [RESPONDENT]'s conduct is volatile. In those circumstances, it would be inappropriate to refuse termination where [NAME] has provided these grounds specifically to protect [NAME], landlords, and other tenants from unacceptable risks to safety and quiet enjoyment of their [APPELLANT].

Conduct of [NAME] [APPELLANT]:

19. I make the following observations concerning [NAME] conduct of this matter.

20. In determining this application, I have carefully considered whether the statutory grounds for termination have been established. These orders are made to give effect to the protections provided by the Residential Tenancies Act 1986 for landlords, [NAME], and other tenants.

21. I note that the third anti-social behaviour notice was issued 34 days after the events of 27 March 2026 and more than three months after the threat made on 16 January 2026. Whilst the Act does not prescribe a timeframe within which such notices must be issued, those delays are difficult to reconcile with the time- sensitive nature of the anti-social behaviour regime in section 55A and the urgency that the applicant submits that I should end the tenancy.

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22. It is careful consideration of these competing features of the evidence and the landlord's submission that has caused me to hesitate before reaching this decision.

23. Ultimately, however, the threat made on 16 January 2026 was serious, explicit, and involved threatened violence with a knife. Considered alongside the subsequent conduct, I am satisfied that termination is justified under section 55(1)(c).

H [NAME] 3 June 2026

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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, 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/

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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: