anti-social behavior
📖 What is anti-social behavior? Meaning and definition
Anti-social behaviour, in New Zealand tenancy law, describes actions that negatively impact other tenants or the landlord, making the living environment unsafe or distressing. This can include persistent loud noise, threatening language, or aggressive conduct. Landlords often apply to the Tenancy Tribunal to terminate a tenancy if such behaviour occurs.
For a tenancy to be terminated on these grounds, the landlord typically needs to show that the anti-social behaviour occurred on multiple separate occasions within a specific timeframe, and that they provided written notice to the tenant for each incident. The Tenancy Tribunal will then consider the evidence presented by both parties.
Examples of anti-social behaviour include playing loud music late at night, shouting, yelling, slamming doors, arguing loudly, using derogatory or threatening language towards other tenants, or acting in a threatening manner. Such actions can disturb the daily lives of neighbours and make them feel unsafe.
While termination is a common outcome, anti-social behaviour can also lead to claims for compensation, such as costs for cleaning or security guards, especially if the tenancy has already ended. The Tribunal will assess whether these costs are directly related to the tenant's conduct and breaches of the tenancy agreement.
📋 Requirements
- The tenant, or a person in the premises with the tenant’s permission, engaged in anti-social behaviour.
- The anti-social behaviour occurred on 3 separate occasions within a 90-day period.
- On each occasion, the landlord gave the tenant written notice describing the specific behaviour.
- The behaviour caused disturbance, distress, or made other tenants feel unsafe.
📝 Procedure
- The landlord identifies instances of anti-social behaviour by the tenant or their guests.
- For each instance, the landlord provides the tenant with written notice detailing the specific behaviour.
- After 3 separate occasions within 90 days, the landlord applies to the Tenancy Tribunal for an order to terminate the tenancy.
- A hearing is held where both parties present their case and evidence.
- The Tribunal assesses the evidence and determines if the grounds for termination due to anti-social behaviour are met.
- If satisfied, the Tribunal issues an order terminating the tenancy and granting possession to the landlord.
💡 Examples
- A tenant repeatedly plays extremely loud music late at night and in the early hours of the morning, disturbing neighbours.
- A tenant and their visitors frequently engage in loud shouting, yelling, and door slamming, causing distress to other residents.
- A tenant uses derogatory and threatening language towards other tenants in a communal area of a social housing complex.
- A tenant acts in a threatening manner towards another tenant, leading to complaints and concerns about safety.
❓ Frequently asked questions
What kind of behaviour counts as anti-social?
Anti-social behaviour can include things like playing loud music late at night, shouting, yelling, slamming doors, using threatening language, or acting aggressively towards others. It's behaviour that disturbs or threatens other people in connection with the tenancy.
Can a landlord terminate my tenancy for anti-social behaviour?
Yes, a landlord can apply to the Tenancy Tribunal to terminate a periodic tenancy if they can prove that you, or someone you allowed on the property, engaged in anti-social behaviour on three separate occasions within a 90-day period, and you received written notice for each incident.
What if the anti-social behaviour was caused by my visitors, not me?
The Tenancy Tribunal considers anti-social behaviour by 'a person in the premises with the tenant’s permission'. This means you can be held responsible for the actions of your visitors if they engage in anti-social behaviour.
What kind of notice must the landlord give me?
For each instance of anti-social behaviour, the landlord must give you written notice that clearly describes the specific behaviour that occurred. This notice is crucial for the landlord to meet the requirements for tenancy termination.
Can I be charged money for anti-social behaviour?
Yes, even if your tenancy has ended, a landlord might pursue claims for compensation related to your conduct and breaches of the tenancy agreement. This could include costs for things like cleaning or security guards, if these costs arose directly from the anti-social behaviour.
What should I do if my landlord accuses me of anti-social behaviour?
If your landlord accuses you of anti-social behaviour, it's important to understand the specific complaints and the notices they have provided. You should gather any evidence you have to support your position and consider seeking advice from a qualified lawyer or tenancy advocate.