What was the outcome of Tenancy Tribunal case 5244958?

The tribunal order states: The tenancy of Andrew Murray at Unit/Flat Unit 7, 6 Guise Lane, Hillmorton,

How much money was awarded in case 5244958?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5244958?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5244958?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11830436-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5244958?

The tribunal order states: The tenancy of Andrew Murray at Unit/Flat Unit 7, 6 Guise Lane, Hillmorton,

How much money was awarded in case 5244958?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5244958?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5244958?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11830436-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 7, 6 Guise Lane, Hillmorton, Christchurch Tenancy Tribunal Case 5244958 — 14-day notice

Order

The tenancy of Andrew Murray at Unit/Flat Unit 7, 6 Guise Lane, Hillmorton, Christchurch 8025, Guise Lane Courts is terminated, and possession is granted to Otautahi Community Housing Trust, immediately.

Reasons

The landlord attended the hearing.
The tenant was served using an electronic address and sent reminders. He did not attend the hearing.
The landlord has applied for termination of the tenancy because of a threat to assault a neighbour on 22 April 2025, and an assault on another neighbour on 1 May 2025. The questions I have to consider are: • Was there an assault and was there a threat to assault? • Should I use my discretion?

Was there a threat to assault and was there an assault?

Section 55(1)(c) of the Residential Tenancies Act 1986 (RTA) says the Tribunal shall end a tenancy where the Tribunal is satisfied that the tenant has assaulted, or has threatened to assault, ... the landlord or any agent of the landlord, or any occupier of the same complex, or any neighbour.
The person who was said there was a threat to assault gave evidence as a witness. The tenancy premises is one of 21 units in a complex. The witness is a neighbour and he lives in the same complex.
The witness said he was threatened by the tenant on 22 April 2025. After he went to the tenant’s unit about loud music the tenant charged towards the witness with a machete and said he would cleave his head open. The police were called, and the tenant was arrested and bailed to the premises. I was provided with a letter from Victim Support confirming the witness was the victim of a crime. The witness is wary since the threat and has been taking extra precautions when he is at home.
The landlord said that since the application was filed the tenant has also assaulted a different neighbour who lives in the same complex. The neighbour suffered from broken ribs and bruising and spent a night in hospital. This neighbour was too traumatised to give evidence as a witness and the police had not yet responded to the landlord’s request under the Official Information Act. The landlord said the police have arrested the tenant and he is currently in prison on remand.
I find there was a threat to assault. It seems most likely to me there was also an assault. I find there are grounds to end the tenancy.

Should I use my discretion?

Section 55(2) RTA says “The Tribunal may refuse to make an order under subsection (1) if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies (but see also section 78A(3)(b)).” Section 78A is not relevant here.
The District Court in Haitana v Housing New Zealand Corporation considered a situation where a tenant had been convicted of an assault and the landlord subsequently applied for termination of the tenancy in the Tenancy Tribunal. The decision was appealed to the District Court. The Judge said - “In essence, ... the fact that a breach may not be capable of remedy, i.e. in the context of an assault which has been committed, is not determinative in the section 55(2) context. ... the preferable interpretation of section 55(2) is to put aside a breach which cannot be remedied and then consider the issue of termination by reference to the other two preconditions for the exercise of the discretion, i.e. compensation, if any, to the landlord and the likelihood or otherwise of any further similar breach by the tenant.” See CIV-2006-009-003335, DC Christchurch 2006 and CIV-2004-709-717 HC Christchurch 2004
I am not exercising my discretion under 55(2) RTA. I accept this is not a situation where the landlord can be compensated for loss. It seems most likely to me there is a serious risk of further assaults and threats. I find this tenancy should end immediately. Suppression
The landlord has applied for suppression. This is usually allowed if the landlord is the most successful party. However the landlord is a social housing provider and there is public interest in social housing. Accordingly, the landlord’s name will be published. See section 95A RTA.

Order

The tenancy of Andrew Murray at Unit/Flat Unit 7, 6 Guise Lane, Hillmorton, Christchurch 8025, Guise Lane Courts is terminated, and possession is granted to Otautahi Community Housing Trust, immediately.

Reasons

The landlord attended the hearing.
The tenant was served using an electronic address and sent reminders. He did not attend the hearing.
The landlord has applied for termination of the tenancy because of a threat to assault a neighbour on 22 April 2025, and an assault on another neighbour on 1 May 2025. The questions I have to consider are: • Was there an assault and was there a threat to assault? • Should I use my discretion?

Was there a threat to assault and was there an assault?

Section 55(1)(c) of the Residential Tenancies Act 1986 (RTA) says the Tribunal shall end a tenancy where the Tribunal is satisfied that the tenant has assaulted, or has threatened to assault, ... the landlord or any agent of the landlord, or any occupier of the same complex, or any neighbour.
The person who was said there was a threat to assault gave evidence as a witness. The tenancy premises is one of 21 units in a complex. The witness is a neighbour and he lives in the same complex.
The witness said he was threatened by the tenant on 22 April 2025. After he went to the tenant’s unit about loud music the tenant charged towards the witness with a machete and said he would cleave his head open. The police were called, and the tenant was arrested and bailed to the premises. I was provided with a letter from Victim Support confirming the witness was the victim of a crime. The witness is wary since the threat and has been taking extra precautions when he is at home.
The landlord said that since the application was filed the tenant has also assaulted a different neighbour who lives in the same complex. The neighbour suffered from broken ribs and bruising and spent a night in hospital. This neighbour was too traumatised to give evidence as a witness and the police had not yet responded to the landlord’s request under the Official Information Act. The landlord said the police have arrested the tenant and he is currently in prison on remand.
I find there was a threat to assault. It seems most likely to me there was also an assault. I find there are grounds to end the tenancy.

Should I use my discretion?

Section 55(2) RTA says “The Tribunal may refuse to make an order under subsection (1) if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies (but see also section 78A(3)(b)).” Section 78A is not relevant here.
The District Court in Haitana v Housing New Zealand Corporation considered a situation where a tenant had been convicted of an assault and the landlord subsequently applied for termination of the tenancy in the Tenancy Tribunal. The decision was appealed to the District Court. The Judge said - “In essence, ... the fact that a breach may not be capable of remedy, i.e. in the context of an assault which has been committed, is not determinative in the section 55(2) context. ... the preferable interpretation of section 55(2) is to put aside a breach which cannot be remedied and then consider the issue of termination by reference to the other two preconditions for the exercise of the discretion, i.e. compensation, if any, to the landlord and the likelihood or otherwise of any further similar breach by the tenant.” See CIV-2006-009-003335, DC Christchurch 2006 and CIV-2004-709-717 HC Christchurch 2004
I am not exercising my discretion under 55(2) RTA. I accept this is not a situation where the landlord can be compensated for loss. It seems most likely to me there is a serious risk of further assaults and threats. I find this tenancy should end immediately. Suppression
The landlord has applied for suppression. This is usually allowed if the landlord is the most successful party. However the landlord is a social housing provider and there is public interest in social housing. Accordingly, the landlord’s name will be published. See section 95A RTA.

Tenancy Tribunal case 5244958 — 14-day notice at Unit/Flat Unit 7, 6 Guise Lane, Hillmorton, Christchurch

At a glance

Tenancy Tribunal case 5244958 — 14-day notice at Unit/Flat Unit 7, 6 Guise Lane, Hillmorton, Christchurch

At a glance

Claims & awards

Order

Reasons

Was there a threat to assault and was there an assault?

Should I use my discretion?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Was there a threat to assault and was there an assault?

Should I use my discretion?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions