What was Tenancy Tribunal case 5404028 about?

The tribunal order states: The tenancy of [The tenant/s] is terminated with effect from 5

How much money was awarded in case 5404028?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5404028?

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

Where can I read the official tribunal order for case 5404028?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12911791-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5404028 about?

The tribunal order states: The tenancy of [The tenant/s] is terminated with effect from 5

How much money was awarded in case 5404028?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5404028?

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

Where can I read the official tribunal order for case 5404028?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12911791-Tenancy_Tribunal_Order.pdf.

37 Silverton Avenue, Wai O Taiki Bay, Auckland 1072 Tenancy Tribunal Case 5404028 — 14-day notice

Order

The tenancy of [The tenant/s] is terminated with effect from 5 pm on 4 January 2026.

Reasons

I conducted a video hearing today with the start time of 9.30 am. Two representatives of the landlord attended the hearing. I called the tenant however she was at work and could not attend the hearing. She provided the name and number of her father who was also a resident at the tenancy. I made two calls to his number with a five-minute gap between the calls, neither of which was answered. Having regard to the urgency and importance of the matter I decided to continue hearing on the tenant’s absence.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant or someone on the premises with the tenant’s permission, and threats made by the tenant’s father against neighbours.
The following relevant incidents have occurred: a. The tenancy began on 20 November 2025; b. on 24 November 2025, a neighbour (the first neighbour) contacted the landlord complaining of noise and disruptive behaviour. These incidents included late-night socialising use of the barbecue into the early hours of the morning multiple vehicles using the driveway, and a bright security light which was shining directly into bedroom windows. The behaviours had begun on 21 November and were repeated on the night of 24 November. I do note some of the noise complaint about was during the day and was normal residential noise, there were also complaints about the manner in which the driveway and garage were used for socialising. c. On 25 November 2025, the first neighbour made complaints, about the tenants playing pickle ball on the driveway. I note that this activity stopped at 8:50 pm. d. On 26 November 2025, there were complaints about noise on the previous night extending until 1 am. e. There were further reports of loud noise after 9 o’clock on the nights of 27 and 28 November. The noise on 28 November involved conversations extending after 10 pm. f. On 30 November 2025 on 30 November 2025 there were complaints of socialising and loud music between 10 and 11 and conversations continuing after midnight. g. On 1 December 2025, there were complaints about conversations and burping continuing between 12 am and 7 am. h. On 2 December 2025, a different neighbour (the second neighbour) at approximately 4am asked if the security light could be turned off and if noise could be stopped. It is reported that the tenant’s father refused the request then picked up a machete and threatened that he would be visiting the neighbour it is house tomorrow. This matter was reported to the police who made in attendance. Later the same day the landlord issued a 14 day notice to remedy made with reference to the noise incidents. On the same day a third neighbour made complaints about the level of noise occurring late at night and into the early hours of the morning. i. On 3 December 2025, the tenant’s father emailed the landlord. In this email here admitted to threatening but said it was using a stick not a machete and also said in reference to the second neighbour “if he comes to this property I will kick his ass”. The email said that “if you believe [the neighbours] there is no problem. We are moving out”. j. The landlord reports that later the same day she called the tenant and spoke to both her and her father. She reports that the father was very angry and said that if he saw the second neighbour he would “kick his ass”. k. The landlord also reports that subsequently the tenant’s father went to the second neighbour’s door banged on it for approximately five minutes and made further verbal threats. l. The landlord reports that there are two further neighbours who may complaints but do not wish to put writing. The neighbour reports that the second neighbour and his wife are traumatised by the events and the wife is receiving counselling from victim support services. m. The late-night noise has continued with complaints being made as late as 11 December 2025.
S55(1)(c) RTA states that the tribunal may order termination of the tenancy if it is satisfied that: “the tenant has assaulted, or has threatened to assault, or has caused omitted any person to assault, to threaten to assault, any of the following persons: ... (v) any neighbour of the premises...”
The RTA also allows for termination on the basis of anti-social behaviour under S55A, after three antisocial behaviour notices have been issued by the landlord. There is a question of fact and degree as to whether the threats are serious threats of assault in which case termination may occur after one incident, or whether the behaviour in question is antisocial behaviour which does not meet threshold for immediate termination. If so, the Tribunal must make an order terminating the tenancy. For instance, if there was a single incident of a threat of harm during heightened in gauge meant between neighbours where there was a level of fault on both sides, I would consider it inequitable and unfair to order termination which is a serious outcome. In this instance I note: a. the threatened neighbour was not the main complainant; b. the threat involved a weapon, although I am unable to ascertain whether it was a stick or a machete, given neither the tenant’s father nor the neighbour were before me as witnesses; c. the threat was repeated in writing and in the later phone conversation with the landlord; and d. the threatening behaviour included going to the second neighbour’s door.
Without the threats the behaviours of the tenants family and guests would constitute antisocial behaviour and the pressure of termination would not be made out. However, I have concerns that the ongoing antisocial behaviour is likely to lead to more conflict and there is a volatility to the situation which I cannot ignore.
In these circumstances I consider that the only option available to me is to terminate the tenancy. I am mindful of the timing being immediately before the Christmas and New Year break, which raises issues both with the practicality of the tenant finding alternative accommodation, and with enforcement should that be necessary. With this in mind I order that the tenancy is terminated with heat from 5 pm on 4 January 2026.
I cannot consider the impact on the tenant, in making an order for termination of the tenancy.

Order

The tenancy of [The tenant/s] is terminated with effect from 5 pm on 4 January 2026.

Reasons

I conducted a video hearing today with the start time of 9.30 am. Two representatives of the landlord attended the hearing. I called the tenant however she was at work and could not attend the hearing. She provided the name and number of her father who was also a resident at the tenancy. I made two calls to his number with a five-minute gap between the calls, neither of which was answered. Having regard to the urgency and importance of the matter I decided to continue hearing on the tenant’s absence.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant or someone on the premises with the tenant’s permission, and threats made by the tenant’s father against neighbours.
The following relevant incidents have occurred: a. The tenancy began on 20 November 2025; b. on 24 November 2025, a neighbour (the first neighbour) contacted the landlord complaining of noise and disruptive behaviour. These incidents included late-night socialising use of the barbecue into the early hours of the morning multiple vehicles using the driveway, and a bright security light which was shining directly into bedroom windows. The behaviours had begun on 21 November and were repeated on the night of 24 November. I do note some of the noise complaint about was during the day and was normal residential noise, there were also complaints about the manner in which the driveway and garage were used for socialising. c. On 25 November 2025, the first neighbour made complaints, about the tenants playing pickle ball on the driveway. I note that this activity stopped at 8:50 pm. d. On 26 November 2025, there were complaints about noise on the previous night extending until 1 am. e. There were further reports of loud noise after 9 o’clock on the nights of 27 and 28 November. The noise on 28 November involved conversations extending after 10 pm. f. On 30 November 2025 on 30 November 2025 there were complaints of socialising and loud music between 10 and 11 and conversations continuing after midnight. g. On 1 December 2025, there were complaints about conversations and burping continuing between 12 am and 7 am. h. On 2 December 2025, a different neighbour (the second neighbour) at approximately 4am asked if the security light could be turned off and if noise could be stopped. It is reported that the tenant’s father refused the request then picked up a machete and threatened that he would be visiting the neighbour it is house tomorrow. This matter was reported to the police who made in attendance. Later the same day the landlord issued a 14 day notice to remedy made with reference to the noise incidents. On the same day a third neighbour made complaints about the level of noise occurring late at night and into the early hours of the morning. i. On 3 December 2025, the tenant’s father emailed the landlord. In this email here admitted to threatening but said it was using a stick not a machete and also said in reference to the second neighbour “if he comes to this property I will kick his ass”. The email said that “if you believe [the neighbours] there is no problem. We are moving out”. j. The landlord reports that later the same day she called the tenant and spoke to both her and her father. She reports that the father was very angry and said that if he saw the second neighbour he would “kick his ass”. k. The landlord also reports that subsequently the tenant’s father went to the second neighbour’s door banged on it for approximately five minutes and made further verbal threats. l. The landlord reports that there are two further neighbours who may complaints but do not wish to put writing. The neighbour reports that the second neighbour and his wife are traumatised by the events and the wife is receiving counselling from victim support services. m. The late-night noise has continued with complaints being made as late as 11 December 2025.
S55(1)(c) RTA states that the tribunal may order termination of the tenancy if it is satisfied that: “the tenant has assaulted, or has threatened to assault, or has caused omitted any person to assault, to threaten to assault, any of the following persons: ... (v) any neighbour of the premises...”
The RTA also allows for termination on the basis of anti-social behaviour under S55A, after three antisocial behaviour notices have been issued by the landlord. There is a question of fact and degree as to whether the threats are serious threats of assault in which case termination may occur after one incident, or whether the behaviour in question is antisocial behaviour which does not meet threshold for immediate termination. If so, the Tribunal must make an order terminating the tenancy. For instance, if there was a single incident of a threat of harm during heightened in gauge meant between neighbours where there was a level of fault on both sides, I would consider it inequitable and unfair to order termination which is a serious outcome. In this instance I note: a. the threatened neighbour was not the main complainant; b. the threat involved a weapon, although I am unable to ascertain whether it was a stick or a machete, given neither the tenant’s father nor the neighbour were before me as witnesses; c. the threat was repeated in writing and in the later phone conversation with the landlord; and d. the threatening behaviour included going to the second neighbour’s door.
Without the threats the behaviours of the tenants family and guests would constitute antisocial behaviour and the pressure of termination would not be made out. However, I have concerns that the ongoing antisocial behaviour is likely to lead to more conflict and there is a volatility to the situation which I cannot ignore.
In these circumstances I consider that the only option available to me is to terminate the tenancy. I am mindful of the timing being immediately before the Christmas and New Year break, which raises issues both with the practicality of the tenant finding alternative accommodation, and with enforcement should that be necessary. With this in mind I order that the tenancy is terminated with heat from 5 pm on 4 January 2026.
I cannot consider the impact on the tenant, in making an order for termination of the tenancy.

Tenancy Tribunal case 5404028 — 14-day notice at 37 Silverton Avenue, Wai O Taiki Bay, Auckland 1072

At a glance

Tenancy Tribunal case 5404028 — 14-day notice at 37 Silverton Avenue, Wai O Taiki Bay, Auckland 1072

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

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Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions