Tenantcheck Insights · Case study
Tenancy Tribunal case 5358813 — 14-day notice at Unit/Flat 7, 76 Palmers Road, New Brighton, Christchurch
Decided 13 Nov 2025 · Published 13 Nov 2025 · Application 5358813
- 14-day notice
At a glance
Key facts from the published tribunal order.
Location
Christchurch
Tribunal region
Adjudicator
S Steele
Dispute themes
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| 2. Christopher Fox is to pay Otautahi Community Housing Trust | $28.00 | 2. Christopher Fox is to pay Otautahi Community Housing Trust |
Claims and awards for application 5358813. Verify on MoJ.
2. Christopher Fox is to pay Otautahi Community Housing Trust
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- 2. Christopher Fox is to pay Otautahi Community Housing Trust
Order
- The tenancy of [The tenant/s] tenant/s] at Unit/Flat 7, 76 Palmers Road, New Brighton, Christchurch 8083, Fred Price Place is terminated, and possession is granted to Otautahi Community Housing Trust, at 6pm on Sunday 30 November 2025.
- [The tenant/s] tenant/s] is to pay Otautahi Community Housing Trust $28.00, being the filing fee for the application, immediately.
Reasons
- Both parties attended the hearing.
- Mr Olds and Ms Wyatt attended on behalf of the landlord.
- The landlord has applied for termination of the tenancy under section 55(1)(c)(iv) of the Residential Tenancies Act 1986 (the Act) on the grounds that the tenant has assaulted or threatened to assault an occupier of a building of which the premises constitute a part.
- The tenant has been living at the tenancy address since 2017. He has had a difficult history with a neighbour in the same complex. He feels that the neighbour has behaved badly towards him over a long period and that the neighbour instigated the bad feeling between them.
- Nevertheless, audio evidence was provided at the hearing to confirm that the tenant had both assaulted and threatened to further assault the neighbour being another occupier of a building of which the premises constitute a part.
- The victim also provided testimony to support the landlord’s claim.
- Although he did not agree with all of the evidence presented by the landlord, the tenant acknowledged that he had behaved in a manner which amounts to assault. He also acknowledged that further threats were made.
- I find that the tenant has assaulted his neighbour and threatened to further assault him.
- Section 55(2) provides very limited circumstances where the Tribunal may refuse to make an order terminating a tenancy notwithstanding that the subsection 1 threshold has been met. “2. The Tribunal may refuse to make an order under subsection (1) of this section 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.”
- Assault and threats to assault are not breaches that can be remedied but this does not mean that the other two aspects of the discretion cannot be considered (Collins v Housing New Zealand Ltd [2004] NZAR 665).
- No compensation can be applied to address the loss here and the Tribunal cannot be satisfied that it is unlikely that the tenant will commit further breaches of this kind. The tenant himself suggested that it would be difficult for him to control himself where the victim was concerned given their history and the ongoing animosity.
- In these circumstances the tenancy must be terminated.
- As Otautahi Community Housing Trust has wholly succeeded with the claim I must reimburse the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s1, s55(1), s55(2)
Key findings
- Dispute theme: termination 14day
- Dispute theme: filing fee
Property management
- Otautahi Community Housing Trust (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 5358813 about?
The tribunal order states: The tenancy of [The tenant/s] tenant/s] at Unit/Flat 7, 76 Palmers Road, New Brighton,
How much money was awarded in case 5358813?
2. Christopher Fox Is To Pay Otautah…: $28.00 awarded to landlord
What type of tenancy dispute was case 5358813?
The primary dispute was 14-day notice.
Where can I read the official tribunal order for case 5358813?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12713092-Tenancy_Tribunal_Order.pdf.
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