assault
📖 What is assault? Meaning and definition
In New Zealand tenancy law, 'assault' is a significant term primarily used when a landlord seeks to terminate a tenancy due to a tenant's behaviour. The Residential Tenancies Act allows for tenancy termination if a tenant has assaulted or threatened to assault a neighbour of the premises, or any occupier of the same building. This includes other tenants within a social housing complex or neighbours living in properties nearby.
The legal definition of assault is drawn from the Crimes Act 1961, which specifies it as the intentional application or attempted application of force. The Tenancy Tribunal considers such allegations with gravity, requiring a high standard of evidence to prove that an assault or threat of assault occurred. If proven, the Tribunal is mandated to terminate the tenancy.
Notably, when a landlord applies for termination on the grounds of assault, they are not required to give the tenant prior notice of their intention to apply to the Tribunal. This highlights the seriousness with which the law views such incidents, aiming to protect other residents and neighbours from harm or threats. The Tribunal's role is to determine if it is more likely than not that the tenant committed the alleged assault, based on the evidence presented by the landlord and any response from the tenant.
📋 Requirements
- The tenant has assaulted or threatened to assault a neighbour of the premises.
- The tenant has assaulted or threatened to assault any occupier of any building of which the premises constitute a part (e.g., another tenant).
- The landlord provides evidence to the Tenancy Tribunal that meets a sufficiently high standard to prove the assault or threat.
- The assault is defined as the act of intentionally applying or attempting to apply force.
📝 Procedure
- The landlord applies to the Tenancy Tribunal for termination of the tenancy.
- The landlord is not required to give the tenant prior notice of their intention to apply for termination on this basis.
- The Tenancy Tribunal holds a hearing, where the landlord presents evidence and may call witnesses.
- The Tribunal assesses whether it is more likely than not that the tenant committed the assault or threat.
- If the assault or threat is proven, the Tribunal must terminate the tenancy.
💡 Examples
- A tenant physically hit a neighbour in the upper arm and then punched them in the face during an argument over rubbish, leading to a police call and the landlord seeking tenancy termination.
- A tenant assaulted another tenant within a social housing complex, prompting the landlord to apply for termination of the tenancy.
- A landlord sought to terminate a tenancy after a tenant assaulted and threatened to assault a neighbour living in an adjacent property.
- A tenant became verbally abusive, used threatening language, and physically attacked a neighbour across the road, resulting in a landlord's application for tenancy termination.
📚 Legal basis
- Residential Tenancies Act
- Crimes Act 1961
❓ Frequently asked questions
What exactly counts as an 'assault' under tenancy law?
Under tenancy law, 'assault' is defined by the Crimes Act 1961 as intentionally applying or attempting to apply force to another person. This can include physical contact or even a credible threat of physical harm.
Can a landlord terminate my tenancy if I only threatened someone, but didn't actually hit them?
Yes, the law states that a tenancy can be terminated if a tenant has 'assaulted or has threatened to assault' a neighbour or another occupier. A credible threat of assault can be sufficient grounds for termination.
Do I get a warning notice before my landlord applies to terminate my tenancy for assault?
No, if a landlord is seeking termination on the grounds of assault or threat of assault, they are not required to give you a notice of their intention to apply to the Tenancy Tribunal. This highlights the serious nature of such allegations.
What kind of evidence does a landlord need to prove an assault?
The Tenancy Tribunal requires evidence of a sufficiently high standard to prove an assault. This could include witness statements, police reports, or other documentation that demonstrates it is more likely than not that the assault occurred.
What happens if I don't attend the Tenancy Tribunal hearing about an alleged assault?
If you do not attend the hearing, the Tribunal may proceed without your input. The landlord's allegations and evidence will be considered, and the Tribunal may make a decision to terminate your tenancy based on the information presented by the landlord.
Can I challenge an allegation of assault made by my landlord?
Yes, you have the right to challenge the allegations made by your landlord at the Tenancy Tribunal hearing. You can present your own evidence and arguments to dispute the claims. It is advisable to seek legal advice if you are facing such serious allegations.