Published tribunal order
Tenancy Tribunal case 5379704 — 14-day notice
Decided 20 Nov 2025 · Published 20 Nov 2025 · Application 5379704
- 14-day notice
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the names of the landlord, witnesses and identifying details.
- The tenancy of Lewis Ferris at [Tenancy address suppressed] is terminated immediately, and possession is granted to [The landlord/s].
- Lewis Ferris must pay [the landlord] the sum of $28.00 immediately, being reimbursement of the filing fee.
Reasons
- Mr X represented the landlord at the hearing, which was conducted by phone. Two attempts to reach the tenant by phone went straight to voicemail.
- The landlord has applied for termination under section 55(1)(c)(iii) of the Residential Tenancies Act 1986 (RTA). That section says that if the landlord applies to the Tribunal the tenancy must be terminated where the Tribunal is satisfied that the tenant has assaulted to threatened to assault an agent of the landlord.
- The onus of proof is on the landlord and the standard of proof is on the balance of probabilities.
- The landlord says that the tenant threatened to assault a tenancy manager, Mr N. The landlord filed incident reports dated 20 October 2025 from Mr N and the receptionist, Ms L. There was a further incident report from Mr N regarding an incident on 7 November 2025.
- Mr N said that the first incident occurred at the office when the tenant came in to get some help because his power had been cut off. Mr N attempted to help him but in order to log into the account, the tenant needed his log in details, which he did not have with him. He became heightened and swore at Mr N, calling him a pussy. He said he was going to smash Mr N and said, “I’m going to get you”.
- Ms L also gave evidence that the tenant came into the office wanting to speak to his case manager, who was not available. Mr N tried to assist him with his power account, but the tenant did not have his log in details. The tenant became angry. He was swearing and yelling. Staff, including the Team Lead, asked him to leave. As the tenant was leaving, he turned around and said, “I’ll get you [Mr N]. You’re scared.”
- Mr X also asked Mr Ferris to leave and heard him say to Mr N, “I’m gonna get you”.
- The next incident, reported on 7 November 2025 occurred when Mr N was visiting another tenant in the same complex as Mr Ferris. Mr Ferris was playing music and Mr N asked him to turn it down a bit so as not to disturb the other tenants. Mr Ferris got angry and said he would smash Mr N right there. He had his guitar in one hand and looked as though he was going to use it as a weapon. Mr N rang his team lead and also reported the incident to the police.
- In the absence of any evidence from the tenant, I am satisfied that it is more likely than not that on two occasions, the tenant has directed words such as, “I’m going to get you”, and “I am going to smash you” towards Mr N, an agent of Linkpeople Ltd. I am satisfied that such words amount to a threat to assault him.
- The components of section 55(1)(c)(iii) are established and I must terminate the tenancy.
- The tenancy is terminated immediately and possession is granted to the landlord. Such an order may be enforced up to 90 days after the date of this order (see sections 64 and 106). That means that the landlord may allow the tenant an opportunity to pack his things and leave, but at any time may apply for enforcement of the possession order.
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.