What was Tenancy Tribunal case 5313292 about?

The tribunal order states: The tenancy is terminated and the landlord may take possession of the tenancy,

How much money was awarded in case 5313292?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5313292?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5313292?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12253724-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5313292 about?

The tribunal order states: The tenancy is terminated and the landlord may take possession of the tenancy,

How much money was awarded in case 5313292?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5313292?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5313292?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12253724-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5313292 — Harassment

Order

The tenancy is terminated and the landlord may take possession of the tenancy, with effect from 5 pm on 19 August 2025.

Reasons

Both parties attended the hearing.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant.
The landlord describes a series of incidents involving assaults, verbal abuse, threats of violence, the possession and use of weapons, and racial abuse by the tenant towards other tenants in the social housing complex in which the tenancy is located.
Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied: a. on 3 separate occasions within a 90-day period the tenant, or a person in the premises with the tenant’s permission, engaged in anti-social behaviour in connection with the tenancy; and b. on each occasion the landlord gave the tenant written notice— i. describing clearly which specific behaviour was considered to be anti-social and (if known to the landlord) who engaged in it; and ii. advising the tenant of the date, approximate time, and location of the behaviour; and iii. stating how many other notices (if any) the landlord has given the tenant under this paragraph in connection with the same tenancy and the same 90-day period; and iv. advising the tenant of the tenant’s right to make an application to the Tribunal challenging the notice and; c. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice.
The Act confirms that antisocial behaviour includes harassment or any act (whether intentional or not) that reasonably causes alarm, distress or nuisance that is more than minor. Background
As I understand it, the tenant has been resident in this housing complex for some years, however, he was moved into his current unit more recently. The reported issues start in 2017, when the tenant took exception to a neighbour, who I will refer to as M. In 2017 and 2018 the tenant made complaints about M, stating that if the landlord did not do something he would take matters into his own hands. This threatening statement was repeated the number of times after this. The landlord reports that in 2018 the tenant abused a lawnmowing contractor, and in 2019, a 14-day notice was issued to the tenant for verbal abuse of visitors of other tenants.
In 2022, a 14-day notice was issued for verbal abuse of another tenant and damage to their garden. The tenant denies this saying that he is the only one with a garden. However, photos of the units show that this is not in fact the case. Other incidents occurred this year including reports of abuse by the tenant, allegations of threatening notes being left on another tenant’s car, and threats of assault which led to the tenants in question choosing to move out.
In February 2023 an incident occurred where the tenant assaulted another female tenant. He was arrested and charged. Mediation in the Tribunal followed, and a consequential clause was added to the tenancy agreement; that if any further incidents occurred in the following six months the tenancy would be terminated automatically. There were further incident on 2023 involving threats to M made in the presence of a Housing Advisor, verbal abuse and intimidation of another female tenant, and several incidents. In November 2023, and altercation between the tenant and M, resulted in Police involvement. The landlord issued the tenant with an anti-social behaviour notice on 27 November 2023.
In 2024, the tenant’s behaviour issues continued with the landlord recording abuse of a contractor in February, and of a Housing champion in April 2024. It appears that the dispute with M had become more serious. In September 2024 the tenant called the landlord accusing M of bullying and advising that he had used a racially abusive term towards M with the intention of getting M to retaliate. The landlord issued an antisocial behaviour notice on 23 September 2024.
In November 2024 a serious incident occurred between the tenant and M. The tenant had been drinking (he admitted that this had broken a four-year sober streak for him) and went with a baseball bat to M’s unit. He then yelled racial abuse and use the baseball bat on M’s door, hoping to provoke him into coming out. Sometime later M did come out and there was a fight during which the tenant was punched, suffering black eyes and cuts to his head when he fell. As I understand it the Police attended but no charges were laid as the tenant had provoked the incident.
In February 2025 the tenant called the landlord abusing staff and threatening to smash M’s windows.
In March 2025 an antisocial behaviour notice was issued for the tenant playing excessively loud music. A number of other tenants made complaints. A female tenant asked him to turn the music down, this led to an altercation during which the tenant was slapped, and will in response he pushed the female tenant over.
The landlord reports that earlier this year a refugee who is a recent immigrant to New Zealand, and who is a tenant in the same complex was racially abused by the tenant.
On 2 May 2025, during a phone call with the landlord, the tenant used the same racially abusive term to describe M. He said he was armed and that he was going to “f**k up” M. An antisocial behaviour notice was issued on 13 June 2025 relating to this incident.
On 25 May 2025, the tenant painted over the peephole on M’s door, and shortly after threatened M with an improvised home-made Taser. An antisocial behaviour notice was issued on 18 June 2025 relating to this incident.
On 26 May 2025 during a phone call with the landlord the tenant stated he was in possession of weapons, and wouldn’t hesitate to sort M out, and made repeated use of the racially abusive term in relation to M. An antisocial behaviour notice was issued on 30 June 2025 relating to this incident. Discussion
During the hearing the tenant said I could not consider issues which occurred in the past. This is incorrect, the past instances show a pattern of behaviour which has continued to the present day. This is directly relevant about whether the tenant has harassed M and other tenants.
The tenant places a large amount of blame on M for the incidents described above. His neighbour who appeared within during the phone hearing repeated this blame, and the tenant read out letters from others in support. The landlord’s evidence is that M works long hours six days a week and is only at the complex one full day in seven. I note that during the hearing the tenant made a number of comments admitting that he initiated confrontations seeking to agonise M. He boasted that he had seen off other tenants in the past. He also did not deny making threats of violence but justified these on the basis that M is physically larger than he is.
There were a number of other incidents involving other tenants. While not as serious as the incidents involving M, there is still a degree of racial animosity, there are repeated physical altercations, and the evidence is that the tenant’s behaviour is disturbing for other tenants.
The landlord has an obligation to protect the quiet enjoyment, and safety of other tenants. The landlord has taken sensible and reasonable steps to address the issues, issuing a number of antisocial behaviour notices over the years. Despite this the tenant has not taken steps to change his behaviour, and the issues have continued.
I have considered the evidence presented by the parties as set out above.
I have determined that the landlord has established that anti-social behaviour has occurred on the premises by the tenant in a repeated pattern which constitutes harassment. The landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
I consider it is reasonable to terminate the tenancy taking into account the circumstances in which the behaviour arose and the notices were given. I cannot see that the landlord has acted in any retaliatory way in bringing this application. It is clear to me that if the situation continues the safety of both the tenant, and of other tenants at the complex is at risk from his repeated attempts to provoke confrontation. I cannot consider the impact on the tenant, in making an order for termination of the tenancy.

Order

The tenancy is terminated and the landlord may take possession of the tenancy, with effect from 5 pm on 19 August 2025.

Reasons

Both parties attended the hearing.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant.
The landlord describes a series of incidents involving assaults, verbal abuse, threats of violence, the possession and use of weapons, and racial abuse by the tenant towards other tenants in the social housing complex in which the tenancy is located.
Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied: a. on 3 separate occasions within a 90-day period the tenant, or a person in the premises with the tenant’s permission, engaged in anti-social behaviour in connection with the tenancy; and b. on each occasion the landlord gave the tenant written notice— i. describing clearly which specific behaviour was considered to be anti-social and (if known to the landlord) who engaged in it; and ii. advising the tenant of the date, approximate time, and location of the behaviour; and iii. stating how many other notices (if any) the landlord has given the tenant under this paragraph in connection with the same tenancy and the same 90-day period; and iv. advising the tenant of the tenant’s right to make an application to the Tribunal challenging the notice and; c. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice.
The Act confirms that antisocial behaviour includes harassment or any act (whether intentional or not) that reasonably causes alarm, distress or nuisance that is more than minor. Background
As I understand it, the tenant has been resident in this housing complex for some years, however, he was moved into his current unit more recently. The reported issues start in 2017, when the tenant took exception to a neighbour, who I will refer to as M. In 2017 and 2018 the tenant made complaints about M, stating that if the landlord did not do something he would take matters into his own hands. This threatening statement was repeated the number of times after this. The landlord reports that in 2018 the tenant abused a lawnmowing contractor, and in 2019, a 14-day notice was issued to the tenant for verbal abuse of visitors of other tenants.
In 2022, a 14-day notice was issued for verbal abuse of another tenant and damage to their garden. The tenant denies this saying that he is the only one with a garden. However, photos of the units show that this is not in fact the case. Other incidents occurred this year including reports of abuse by the tenant, allegations of threatening notes being left on another tenant’s car, and threats of assault which led to the tenants in question choosing to move out.
In February 2023 an incident occurred where the tenant assaulted another female tenant. He was arrested and charged. Mediation in the Tribunal followed, and a consequential clause was added to the tenancy agreement; that if any further incidents occurred in the following six months the tenancy would be terminated automatically. There were further incident on 2023 involving threats to M made in the presence of a Housing Advisor, verbal abuse and intimidation of another female tenant, and several incidents. In November 2023, and altercation between the tenant and M, resulted in Police involvement. The landlord issued the tenant with an anti-social behaviour notice on 27 November 2023.
In 2024, the tenant’s behaviour issues continued with the landlord recording abuse of a contractor in February, and of a Housing champion in April 2024. It appears that the dispute with M had become more serious. In September 2024 the tenant called the landlord accusing M of bullying and advising that he had used a racially abusive term towards M with the intention of getting M to retaliate. The landlord issued an antisocial behaviour notice on 23 September 2024.
In November 2024 a serious incident occurred between the tenant and M. The tenant had been drinking (he admitted that this had broken a four-year sober streak for him) and went with a baseball bat to M’s unit. He then yelled racial abuse and use the baseball bat on M’s door, hoping to provoke him into coming out. Sometime later M did come out and there was a fight during which the tenant was punched, suffering black eyes and cuts to his head when he fell. As I understand it the Police attended but no charges were laid as the tenant had provoked the incident.
In February 2025 the tenant called the landlord abusing staff and threatening to smash M’s windows.
In March 2025 an antisocial behaviour notice was issued for the tenant playing excessively loud music. A number of other tenants made complaints. A female tenant asked him to turn the music down, this led to an altercation during which the tenant was slapped, and will in response he pushed the female tenant over.
The landlord reports that earlier this year a refugee who is a recent immigrant to New Zealand, and who is a tenant in the same complex was racially abused by the tenant.
On 2 May 2025, during a phone call with the landlord, the tenant used the same racially abusive term to describe M. He said he was armed and that he was going to “f**k up” M. An antisocial behaviour notice was issued on 13 June 2025 relating to this incident.
On 25 May 2025, the tenant painted over the peephole on M’s door, and shortly after threatened M with an improvised home-made Taser. An antisocial behaviour notice was issued on 18 June 2025 relating to this incident.
On 26 May 2025 during a phone call with the landlord the tenant stated he was in possession of weapons, and wouldn’t hesitate to sort M out, and made repeated use of the racially abusive term in relation to M. An antisocial behaviour notice was issued on 30 June 2025 relating to this incident. Discussion
During the hearing the tenant said I could not consider issues which occurred in the past. This is incorrect, the past instances show a pattern of behaviour which has continued to the present day. This is directly relevant about whether the tenant has harassed M and other tenants.
The tenant places a large amount of blame on M for the incidents described above. His neighbour who appeared within during the phone hearing repeated this blame, and the tenant read out letters from others in support. The landlord’s evidence is that M works long hours six days a week and is only at the complex one full day in seven. I note that during the hearing the tenant made a number of comments admitting that he initiated confrontations seeking to agonise M. He boasted that he had seen off other tenants in the past. He also did not deny making threats of violence but justified these on the basis that M is physically larger than he is.
There were a number of other incidents involving other tenants. While not as serious as the incidents involving M, there is still a degree of racial animosity, there are repeated physical altercations, and the evidence is that the tenant’s behaviour is disturbing for other tenants.
The landlord has an obligation to protect the quiet enjoyment, and safety of other tenants. The landlord has taken sensible and reasonable steps to address the issues, issuing a number of antisocial behaviour notices over the years. Despite this the tenant has not taken steps to change his behaviour, and the issues have continued.
I have considered the evidence presented by the parties as set out above.
I have determined that the landlord has established that anti-social behaviour has occurred on the premises by the tenant in a repeated pattern which constitutes harassment. The landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
I consider it is reasonable to terminate the tenancy taking into account the circumstances in which the behaviour arose and the notices were given. I cannot see that the landlord has acted in any retaliatory way in bringing this application. It is clear to me that if the situation continues the safety of both the tenant, and of other tenants at the complex is at risk from his repeated attempts to provoke confrontation. I cannot consider the impact on the tenant, in making an order for termination of the tenancy.

Tenancy Tribunal case 5313292 — Harassment

At a glance

Tenancy Tribunal case 5313292 — Harassment

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions