breach of tenancy agreement
📖 What is breach of tenancy agreement? Meaning and definition
In New Zealand, a breach of tenancy agreement refers to situations where a tenant or landlord does not uphold the terms they agreed to in their tenancy contract, or their responsibilities under the Residential Tenancies Act 1986. Common breaches by tenants include failing to pay rent, having unauthorised pets, allowing unpermitted guests to live at the property, or engaging in loud and disturbing behaviour.
When a breach occurs, the affected party, often the landlord, may apply to the Tenancy Tribunal for a resolution. For instance, if rent is in arrears for at least 21 days, or if a tenant has abandoned the property and rent is owed, the landlord can seek to terminate the tenancy. The Tribunal will consider the evidence presented by both parties to determine if a breach has indeed occurred and what the appropriate remedy should be.
In some cases, the Tribunal may terminate the tenancy if serious breaches are proven, such as significant rent arrears or multiple incidents of disruptive behaviour. The process involves applications, hearings, and the presentation of evidence like rent records or witness accounts. The goal is to ensure that both landlords and tenants adhere to their legal and contractual obligations, maintaining fair and stable tenancies.
📋 Requirements
- Rent is in arrears for at least 21 days at the time of filing an application for termination.
- The tenant has a dog on the premises when the agreement prohibits pets.
- The tenant allows another person to live at the premises without permission.
- The tenant engages in loud and disturbing behaviour, such as arguments or domestic incidents.
- The tenant abandons the premises without reasonable excuse, not intending to return or meet obligations, and fails to notify the landlord.
- The tenant fails to occupy the premises as required by the agreement.
📝 Procedure
- A party (e.g., landlord) files an application for termination of the tenancy, citing grounds for breach.
- Notice of the hearing is sent to the other party.
- A hearing is conducted, sometimes via teleconference, where both parties (or the attending party if one is absent) present submissions and evidence.
- The Tribunal considers the evidence, such as rent records or accounts of behaviour.
- The Tribunal determines if a breach has occurred and if termination of the tenancy is appropriate.
- An order is made, which may include terminating the tenancy and awarding filing fees to the successful party.
💡 Examples
- A tenant failed to pay rent for over five weeks, accumulating arrears of $1,357.14, leading to the landlord applying for termination of the tenancy.
- A landlord sought to terminate a tenancy because the tenant had a dog on the property, which was a clear violation of their tenancy agreement.
- A tenant was found to have breached their agreement by allowing an unpermitted guest to live at the premises, coupled with multiple incidents of loud and disturbing behaviour.
- A landlord applied for termination on the grounds that the tenant had abandoned the property and failed to occupy the premises as required, with rent also being in arrears.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What happens if a tenant doesn't pay rent?
If a tenant doesn't pay rent and it becomes 21 days or more in arrears, the landlord can apply to the Tenancy Tribunal to terminate the tenancy. The Tribunal will review the rent record and other evidence before making a decision.
Can a tenancy be terminated for having an unauthorised pet?
Yes, if the tenancy agreement specifically states that pets are not allowed, then having a pet like a dog on the premises can be considered a breach of the agreement, potentially leading to an application for termination.
What if a tenant allows someone else to live with them without permission?
Allowing another person to live at the premises without the landlord's permission can be a breach of the tenancy agreement. This can be a ground for the landlord to seek termination of the tenancy, especially if it's accompanied by other issues like disturbing behaviour.
What does 'abandonment' mean in a tenancy agreement?
Abandonment occurs when a tenant leaves the premises without a reasonable excuse, does not intend to return or meet their obligations, and fails to notify the landlord. If rent is also in arrears, the Tenancy Tribunal may terminate the tenancy on these grounds.
What kind of evidence is needed to prove a breach?
Evidence can include rent records showing arrears, copies of the tenancy agreement, witness statements regarding unauthorised occupants or disturbing behaviour, and any communication between the landlord and tenant. The Tribunal considers all submitted evidence.
Can a landlord terminate a tenancy for loud behaviour?
Yes, if a tenant's loud and disturbing behaviour, especially if it involves multiple incidents or arguments, constitutes a breach of the tenancy agreement or the tenant's obligations, a landlord can apply to the Tenancy Tribunal for termination.