anti-social behaviour
📖 What is anti-social behaviour? Meaning and definition
In New Zealand tenancy law, anti-social behaviour is a serious ground for a landlord to seek termination of a tenancy. It involves actions that disturb the peace, comfort, and privacy of neighbours or harass and intimidate them or the landlord. This can include a range of behaviours, from aggressive and threatening conduct to actions that create a nuisance or disrupt the living environment for others.
Landlords often apply to the Tenancy Tribunal for an order to terminate a tenancy due to such behaviour. For the Tribunal to grant a termination order, the landlord typically needs to show that the anti-social behaviour occurred on multiple separate occasions within a specific timeframe, such as three times within a 90-day period. The landlord usually serves notices to the tenant regarding these incidents.
The behaviour can be committed by the tenant themselves or by someone else who is on the premises with the tenant's permission. Examples include repeated harassment, disturbing neighbours, blocking shared driveways, or misusing common areas. The Tribunal will consider the evidence presented by both parties, including any history of breach notices, to determine if the behaviour warrants termination.
📋 Requirements
- The behaviour must be from the tenant or a person on the premises with the tenant’s permission.
- The behaviour must occur on 3 separate occasions within a 90-day period.
- The behaviour involves actions like harassment, intimidation, or disturbing the peace, comfort, and privacy of neighbours.
- The landlord must have served notices regarding the anti-social behaviour.
📝 Procedure
- The landlord receives complaints or observes anti-social behaviour.
- The landlord serves notices to the tenant for each instance of anti-social behaviour.
- The landlord applies to the Tenancy Tribunal for an order to terminate the tenancy.
- The Tenancy Tribunal hears the case, considering evidence from both the landlord and the tenant.
- If satisfied, the Tribunal makes an order terminating the tenancy and granting possession to the landlord.
💡 Examples
- A tenant repeatedly blocks a shared driveway, refuses to move their vehicle when asked, and responds aggressively while intoxicated.
- A tenant or their guest frequently empties council bins over common areas and throws rubbish around a neighbour's property.
- A tenant harasses and intimidates neighbours and the landlord, disturbing their peace, comfort, and privacy.
- A tenant parks in a shared driveway without authorisation and keeps a dog without the landlord's consent, contributing to a pattern of disruptive behaviour.
❓ Frequently asked questions
What kind of actions are considered anti-social behaviour?
Anti-social behaviour can include aggressive and threatening behaviour, harassment, intimidation, disturbing the peace and privacy of neighbours, blocking shared driveways, or misusing common areas by dumping rubbish.
Who can commit anti-social behaviour that affects a tenancy?
It can be the tenant themselves or any person who is on the premises with the tenant’s permission, such as a guest or an unauthorised occupant.
How many incidents of anti-social behaviour are needed to terminate a tenancy?
The Tenancy Tribunal often requires proof of anti-social behaviour on three separate occasions within a 90-day period for a tenancy termination order to be made.
What should a landlord do if they experience anti-social behaviour from a tenant?
A landlord should document each incident, serve appropriate notices to the tenant, and if the behaviour continues, apply to the Tenancy Tribunal for a termination order.
Can a tenant dispute allegations of anti-social behaviour?
Yes, a tenant has the right to attend the Tenancy Tribunal hearing and deny the allegations, providing their own evidence and explanations to counter the landlord's claims.
Does a history of other breaches matter in anti-social behaviour cases?
Yes, a landlord may submit that anti-social behaviour notices follow a history of other tenant breach notices, which can be considered by the Tribunal as part of the overall tenancy history.