What was Tenancy Tribunal case 5351641 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 5351641?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5351641?

The primary dispute was 14-day notice. Related themes: Harassment.

Where can I read the official tribunal order for case 5351641?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12559057-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5351641 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 5351641?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5351641?

The primary dispute was 14-day notice. Related themes: Harassment.

Where can I read the official tribunal order for case 5351641?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12559057-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5351641 — 14-day notice

Order

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 5pm Thursday 16th October 2025.
[The landlord/s] is granted possession of the premises at [Tenancy address suppressed] at 5pm Thursday 16 th October 2025.

Reasons

Both parties attended the hearing by telephone.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant. However also on the grounds of s 56, that is the breach is not capable of remedy and s 55(1)(c) due to the threat of violence being made.
The landlord states that the anti-social behaviour has occurred on a number of occasions in the past where it was alleged that the tenant had been verbally abusive and threatening to the neighbour.
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.
I have taken into account the evidence presented by the parties at today’s hearing.
The tenant advised that she had ten years living at the property with a number of issues with the property that she says were caused in the last four years by the neighbour. Alleging that they are breaking in causing damage, stealing mail, killing her cats and causing her trouble. She states that [The landlord/s] is failing to listen to her or help her.
The tenant advised that she no longer wished to live there and was seeking alternative accommodation. She advised she is meeting someone on Thursday, the reason I have put the termination date out to Thursday to give her time to engage with them.
The evidence is that previous notices were issued last year in relation to the same type of behaviour. Further evidence is submitted that a complaint had been lodged with the police last year for the same behaviour.
The tenant accepted that she retaliates to the abuse she has received from the neighbours and that she has had no help from [The landlord/s] in dealing with them. She states that the claims are all lies and false. The tenant advises that she will be filing a counter claim tomorrow. That she had tried to on the 2nd October, but was not successful in doing it electronically.
There has been in my view time to have done so before today’s hearing. The tenant claims that the cross application is in relation to issues in the home that [The landlord/s] has ignored. She is still entitled to do so; however, it is not in relation to this application. It was submitted by [The landlord/s] that a previous tribunal hearing was required due to the same allegations by the tenant. A very lengthy decision in relation to this case was issued dismissing the tenant’s application dated 28 May 2024.
Given the allegations it is essential to deal with the immediate issue of termination for the anti-social behaviour.
On the 17th of July 2025, 8th and 28th of August incidents were reported of the tenant verbally abusing, swearing, and being aggressive. The neighbours have small children. The neighbour provided a statement confirming the concerns it is causing her and her family.
Notices were issued on all occasions and attempts by the Housing Support Manager to talk to the tenant have been made.
Having considered the evidence and what both parties have said, I find on the balance of probabilities that the landlord has established that anti-social behaviour has occurred at the premises by the tenant. 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 would not be unfair 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.
I cannot consider the impact on the tenant, in making an order for termination of the tenancy.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations however given the above that is not necessary to consider.
While noting that the tenant is the unsuccessful party, it is considered that, due to the individual circumstances in this case, the tenant’s interests outweigh the public interest in the tenant being identified.
Therefore, name suppression is ordered for both parties.

Order

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 5pm Thursday 16th October 2025.
[The landlord/s] is granted possession of the premises at [Tenancy address suppressed] at 5pm Thursday 16 th October 2025.

Reasons

Both parties attended the hearing by telephone.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant. However also on the grounds of s 56, that is the breach is not capable of remedy and s 55(1)(c) due to the threat of violence being made.
The landlord states that the anti-social behaviour has occurred on a number of occasions in the past where it was alleged that the tenant had been verbally abusive and threatening to the neighbour.
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.
I have taken into account the evidence presented by the parties at today’s hearing.
The tenant advised that she had ten years living at the property with a number of issues with the property that she says were caused in the last four years by the neighbour. Alleging that they are breaking in causing damage, stealing mail, killing her cats and causing her trouble. She states that [The landlord/s] is failing to listen to her or help her.
The tenant advised that she no longer wished to live there and was seeking alternative accommodation. She advised she is meeting someone on Thursday, the reason I have put the termination date out to Thursday to give her time to engage with them.
The evidence is that previous notices were issued last year in relation to the same type of behaviour. Further evidence is submitted that a complaint had been lodged with the police last year for the same behaviour.
The tenant accepted that she retaliates to the abuse she has received from the neighbours and that she has had no help from [The landlord/s] in dealing with them. She states that the claims are all lies and false. The tenant advises that she will be filing a counter claim tomorrow. That she had tried to on the 2nd October, but was not successful in doing it electronically.
There has been in my view time to have done so before today’s hearing. The tenant claims that the cross application is in relation to issues in the home that [The landlord/s] has ignored. She is still entitled to do so; however, it is not in relation to this application. It was submitted by [The landlord/s] that a previous tribunal hearing was required due to the same allegations by the tenant. A very lengthy decision in relation to this case was issued dismissing the tenant’s application dated 28 May 2024.
Given the allegations it is essential to deal with the immediate issue of termination for the anti-social behaviour.
On the 17th of July 2025, 8th and 28th of August incidents were reported of the tenant verbally abusing, swearing, and being aggressive. The neighbours have small children. The neighbour provided a statement confirming the concerns it is causing her and her family.
Notices were issued on all occasions and attempts by the Housing Support Manager to talk to the tenant have been made.
Having considered the evidence and what both parties have said, I find on the balance of probabilities that the landlord has established that anti-social behaviour has occurred at the premises by the tenant. 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 would not be unfair 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.
I cannot consider the impact on the tenant, in making an order for termination of the tenancy.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations however given the above that is not necessary to consider.
While noting that the tenant is the unsuccessful party, it is considered that, due to the individual circumstances in this case, the tenant’s interests outweigh the public interest in the tenant being identified.
Therefore, name suppression is ordered for both parties.

Tenancy Tribunal case 5351641 — 14-day notice

At a glance

Tenancy Tribunal case 5351641 — 14-day notice

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