What was Tenancy Tribunal case 5380313 about?

The tribunal order states: terminating the tenancy if the Tribunal is

How much money was awarded in case 5380313?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5380313?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5380313?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12770169-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5380313 about?

The tribunal order states: terminating the tenancy if the Tribunal is

How much money was awarded in case 5380313?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5380313?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5380313?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12770169-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5380313 — 14-day notice

Order

terminating the tenancy if the Tribunal is satisfied that the Tenant has assaulted, or has threatened to assault, or permitted any person to assault or threaten to assault the Landlord. 2

The Tribunal may also make an order terminating the tenancy if the Tribunal is satisfied that: (a) the other party has committed a breach of any of the provisions of the tenancy agreement (including provisions relating to the payment of rent) or of this Act; and (b) in the case of a breach capable of remedy,— (i) the applicant gave to the other party a notice specifying the nature of the breach complained of and requiring the other party to remedy the breach within a reasonable period, being not less than 14 days commencing with the day on which the notice was given; and (ii) the other party failed to remedy the default within the required period; and (c) that the breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy. 3 My assessment

Nico was at the premises with the permission of the Tenant. The Landlord’s evidence, which I accept, is that Nico lives at the premises with the Tenant.

The Tenant knew of the confrontation between Nico and the Landlord on 22 September, when Nico threatened the Landlord and threw items at him. The Landlord’s evidence was that these events occurred inside the premises while the Tenant was present. 1 Residential Tenancies Act 1986, section 41(1). 2 Residential Tenancies Act 1986, section 55(1)(c)(i). 3 Residential Tenancies Act 1986, section 56(1).

The Tenant allowed Nico to remain at the premises. Nico then assaulted the Landlord on 31 October 2025. Again, I accept the Landlord’s evidence that Nico threatened him and then punched him twice in the head. The recording corroborates that evidence.

I find that, by allowing Nico to live at the premises and to remain at the premises after the first threatened assault on the Landlord, the Tenant has permitted the assault that occurred on 31 October 2025.

The assault on the Landlord cannot be remedied. It has already occurred, and events cannot be unwound. The Landlord has suffered no financial loss, so the Tenant cannot remedy the situation through compensation. Finally, because Nico has now threatened to assault or assaulted the Landlord on two separate occasions, I cannot be reasonably satisfied that it is unlikely that Nico will not threaten to assault or assault the Landlord in the future.

I therefore terminate the tenancy, and grant possession to the Landlord as at 5pm 26 November 2025.

In making this order, I acknowledge that the audio recording from 31 October 2025 shows that Nico was upset at what he believed to be the Landlord’s unlawful entry into the property. But, regardless of the merits of his belief, his response in assaulting the Landlord was disproportionate and unjustifiable.

I also acknowledge the impact that termination of the Tenancy will have on the Tenant and her family. I do not make this order lightly, but given the assault on the Landlord, I see no other reasonable outcome. Filing fee and name suppression

Because the Landlord has been successful in his application, he is entitled to recover the filing fee and to name suppression. I also grant name suppression to the Tenant. The Landlord provided helpful information about her situation, and I consider that the public interest lies in suppressing her identity. B Carter 25 November 2025

Order

terminating the tenancy if the Tribunal is satisfied that the Tenant has assaulted, or has threatened to assault, or permitted any person to assault or threaten to assault the Landlord. 2

The Tribunal may also make an order terminating the tenancy if the Tribunal is satisfied that: (a) the other party has committed a breach of any of the provisions of the tenancy agreement (including provisions relating to the payment of rent) or of this Act; and (b) in the case of a breach capable of remedy,— (i) the applicant gave to the other party a notice specifying the nature of the breach complained of and requiring the other party to remedy the breach within a reasonable period, being not less than 14 days commencing with the day on which the notice was given; and (ii) the other party failed to remedy the default within the required period; and (c) that the breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy. 3 My assessment
Nico was at the premises with the permission of the Tenant. The Landlord’s evidence, which I accept, is that Nico lives at the premises with the Tenant.
The Tenant knew of the confrontation between Nico and the Landlord on 22 September, when Nico threatened the Landlord and threw items at him. The Landlord’s evidence was that these events occurred inside the premises while the Tenant was present. 1 Residential Tenancies Act 1986, section 41(1). 2 Residential Tenancies Act 1986, section 55(1)(c)(i). 3 Residential Tenancies Act 1986, section 56(1).
The Tenant allowed Nico to remain at the premises. Nico then assaulted the Landlord on 31 October 2025. Again, I accept the Landlord’s evidence that Nico threatened him and then punched him twice in the head. The recording corroborates that evidence.
I find that, by allowing Nico to live at the premises and to remain at the premises after the first threatened assault on the Landlord, the Tenant has permitted the assault that occurred on 31 October 2025.
The assault on the Landlord cannot be remedied. It has already occurred, and events cannot be unwound. The Landlord has suffered no financial loss, so the Tenant cannot remedy the situation through compensation. Finally, because Nico has now threatened to assault or assaulted the Landlord on two separate occasions, I cannot be reasonably satisfied that it is unlikely that Nico will not threaten to assault or assault the Landlord in the future.
I therefore terminate the tenancy, and grant possession to the Landlord as at 5pm 26 November 2025.
In making this order, I acknowledge that the audio recording from 31 October 2025 shows that Nico was upset at what he believed to be the Landlord’s unlawful entry into the property. But, regardless of the merits of his belief, his response in assaulting the Landlord was disproportionate and unjustifiable.
I also acknowledge the impact that termination of the Tenancy will have on the Tenant and her family. I do not make this order lightly, but given the assault on the Landlord, I see no other reasonable outcome. Filing fee and name suppression
Because the Landlord has been successful in his application, he is entitled to recover the filing fee and to name suppression. I also grant name suppression to the Tenant. The Landlord provided helpful information about her situation, and I consider that the public interest lies in suppressing her identity. B Carter 25 November 2025

Tenancy Tribunal case 5380313 — 14-day notice

At a glance

Tenancy Tribunal case 5380313 — 14-day notice

At a glance

Claims & awards

Order

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions