What was Tenancy Tribunal case 5464551 about?

The tribunal order states: The Tribunal orders suppression of the Landlord and Tenant’s names and

How much money was awarded in case 5464551?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5464551?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5464551?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13377217-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5464551 about?

The tribunal order states: The Tribunal orders suppression of the Landlord and Tenant’s names and

How much money was awarded in case 5464551?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5464551?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5464551?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13377217-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5464551 — Harassment

Order

The Tribunal orders suppression of the Landlord and Tenant’s names and identifying details.
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 12pm (midday) on Tuesday, 28 April 2026.

Reasons

Both parties attended the hearing. [The landlord’s representative/s] represented the landlord. The tenant appeared with his case worker, [The tenant’s case worker], as a support person.
The landlord has applied to the Tribunal for an order under 55A Residential Tenancies Act (RTA) terminating the periodic tenancy on the grounds of anti- social behaviour from the tenant.
This is a social housing tenancy for people with complex needs. The tenancy began on 3 May 2025. The landlord says that there have been over a hundred incidents of anti-social behaviour from the tenant since the start of the tenancy, but that these incidents have recently escalated.
The landlord explained that this is a large housing complex with approximately 80 units with a central laneway and common area where tenants can access various essential services. The landlord said that the tenant’s behaviour is affecting other tenants use of the laneway and common area.
The landlord states that the following recent incidents of anti-social behaviour occurred: a. 1 February 2026 – tenant was involved in an incident of verbal abuse in the ground floor laneway and reception area which involved repeated verbal abuse directed at another tenant, and that the tenant initially returned to his apartment but then came back downstairs and continued the verbal abuse. b. 19 February 2026 – the tenant began yelling abuse at staff members, continued yelling despite requests to stop, and disrupted the common area and surrounding spaces to an extent that staff activated their panic alarm and had to close the front desk. c. 20 February 2026 – the tenant began speaking loudly and swearing at staff and another tenant, continued yelling and using offensive language after being asked multiple times to stop, causing staff to again activate the panic alarm.
The landlord served a notice following each incident setting out each incident in detail including the date, time and location of the behaviour, how many notices had been served within a 90-day period and advising the tenant of his right to make an application to the Tribunal challenging the notice.
[The landlord’s representative/s] confirmed that the notices were served on [The tenant/s] in person and that she served the second and third notices herself. The landlord produced copies of all notices in evidence.
The tenant listened carefully to the landlord’s submissions at the hearing today. His submissions referred to and were primarily directed to issues to be heard in proceedings between the parties in the District Court this afternoon.
The tenant says that he has been unfairly treated by the landlord’s representatives. He accepted that at times he has been upset and has yelled in the common areas but denied being abusive. He said that he has a “bark” but not a “bite”. He said that he suffers from a cognitive disorder that makes it difficult for him to regulate his emotions.

Should the tenancy be terminated?

Subject to certain considerations, the Tribunal must make an order terminating the tenancy under section 55A RTA 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 RTA 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 am satisfied that the events referred to in the notices constitute anti-social behaviour by the tenant as defined in the RTA. I do not overlook the tenant’s submission that the has not been abusive. However I consider that even yelling and creating a disturbance in the common area clearly fit within the definition of anti-social behaviour, particularly in the context of this multi-unit tenancy and the high-needs tenants that live there. Such behaviour would have reasonably caused alarm, distress or nuisance which is more than minor.
The landlord has served notices on the tenant as required under section 55A RTA. The tenant has not challenged the notices despite being advised of his right to do so.
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. Possession
The landlord explained that they will assist and facilitate a new tenancy for the tenant. They requested a possession date in four weeks’ time to allow that process to occur. I therefore order possession as set out in the order above. Release of this decision, filing fee and name suppression
At the hearing this morning the parties referred to proceedings between the parties to heard in the District Court at 2pm. I was advised that the landlord has sought restraining orders to prevent the tenant contacting various staff members.
I have therefore prepared this decision on an urgent basis so that the parties have certainty as to the status of this tenancy prior to the hearing this afternoon.
As I have no information as to the suppression orders that might be made in that proceeding, I have made orders suppressing the parties’ names and identifying details in this proceeding to avoid any potential breach.
The landlord did not seek reimbursement of the filing fee.

Order

The Tribunal orders suppression of the Landlord and Tenant’s names and identifying details.
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 12pm (midday) on Tuesday, 28 April 2026.

Reasons

Both parties attended the hearing. [The landlord’s representative/s] represented the landlord. The tenant appeared with his case worker, [The tenant’s case worker], as a support person.
The landlord has applied to the Tribunal for an order under 55A Residential Tenancies Act (RTA) terminating the periodic tenancy on the grounds of anti- social behaviour from the tenant.
This is a social housing tenancy for people with complex needs. The tenancy began on 3 May 2025. The landlord says that there have been over a hundred incidents of anti-social behaviour from the tenant since the start of the tenancy, but that these incidents have recently escalated.
The landlord explained that this is a large housing complex with approximately 80 units with a central laneway and common area where tenants can access various essential services. The landlord said that the tenant’s behaviour is affecting other tenants use of the laneway and common area.
The landlord states that the following recent incidents of anti-social behaviour occurred: a. 1 February 2026 – tenant was involved in an incident of verbal abuse in the ground floor laneway and reception area which involved repeated verbal abuse directed at another tenant, and that the tenant initially returned to his apartment but then came back downstairs and continued the verbal abuse. b. 19 February 2026 – the tenant began yelling abuse at staff members, continued yelling despite requests to stop, and disrupted the common area and surrounding spaces to an extent that staff activated their panic alarm and had to close the front desk. c. 20 February 2026 – the tenant began speaking loudly and swearing at staff and another tenant, continued yelling and using offensive language after being asked multiple times to stop, causing staff to again activate the panic alarm.
The landlord served a notice following each incident setting out each incident in detail including the date, time and location of the behaviour, how many notices had been served within a 90-day period and advising the tenant of his right to make an application to the Tribunal challenging the notice.
[The landlord’s representative/s] confirmed that the notices were served on [The tenant/s] in person and that she served the second and third notices herself. The landlord produced copies of all notices in evidence.
The tenant listened carefully to the landlord’s submissions at the hearing today. His submissions referred to and were primarily directed to issues to be heard in proceedings between the parties in the District Court this afternoon.
The tenant says that he has been unfairly treated by the landlord’s representatives. He accepted that at times he has been upset and has yelled in the common areas but denied being abusive. He said that he has a “bark” but not a “bite”. He said that he suffers from a cognitive disorder that makes it difficult for him to regulate his emotions.

Should the tenancy be terminated?

Subject to certain considerations, the Tribunal must make an order terminating the tenancy under section 55A RTA 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 RTA 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 am satisfied that the events referred to in the notices constitute anti-social behaviour by the tenant as defined in the RTA. I do not overlook the tenant’s submission that the has not been abusive. However I consider that even yelling and creating a disturbance in the common area clearly fit within the definition of anti-social behaviour, particularly in the context of this multi-unit tenancy and the high-needs tenants that live there. Such behaviour would have reasonably caused alarm, distress or nuisance which is more than minor.
The landlord has served notices on the tenant as required under section 55A RTA. The tenant has not challenged the notices despite being advised of his right to do so.
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. Possession
The landlord explained that they will assist and facilitate a new tenancy for the tenant. They requested a possession date in four weeks’ time to allow that process to occur. I therefore order possession as set out in the order above. Release of this decision, filing fee and name suppression
At the hearing this morning the parties referred to proceedings between the parties to heard in the District Court at 2pm. I was advised that the landlord has sought restraining orders to prevent the tenant contacting various staff members.
I have therefore prepared this decision on an urgent basis so that the parties have certainty as to the status of this tenancy prior to the hearing this afternoon.
As I have no information as to the suppression orders that might be made in that proceeding, I have made orders suppressing the parties’ names and identifying details in this proceeding to avoid any potential breach.
The landlord did not seek reimbursement of the filing fee.

Tenancy Tribunal case 5464551 — Harassment

At a glance

Claims & awards

Tenancy Tribunal case 5464551 — Harassment

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions