Published tribunal order
Tenancy Tribunal case 5468231 — 14-day notice
Decided 9 Apr 2026 · Published 9 Apr 2026 · Application 5468231
- 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 parties’ and witnesses’ names and identifying details.
- Subject to order 3 below, the tenancy at [Tenancy address suppressed] is terminated at 4pm Wednesday 20 May 2026 and possession granted to the landlord.
- The tenancy may terminate before the date in order 2 above by the tenant giving the landlord at least 3 days’ notice.
- [The tenant] must pay [the landlord] the sum of $28.00 immediately.
Reasons
- Both parties attended the hearing, which was conducted remotely. The tenant’s social worker from Oranga Tamariki was also in attendance.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations. It is alleged that she is breaching her obligation under section 40(2)(c) of the Residential Tenancies Act 1986, which says the tenant shall not cause or permit any interference with the reasonable peace, comfort, or privacy of any of the landlord’s other tenants in the use of the premises occupied by those other tenants, or with the reasonable peace, comfort, or privacy of any other person residing in the neighbourhood.
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
- The conduct concerns her interactions with her two children, both of whom have autism and one has ADHD. The complaints concern allegations of yelling and swearing between the tenant and her children.
- The tenancy is a fixed-term tenancy which started on 15 June 2025 and is due to end on 30 January 2027.
Has the tenant breached her obligations?
- The landlord called four witnesses. They were contacted by phone. A fifth witness could not be reached. Ms AA
- Ms AA has lived next door to the premises for several years. The property is a standalone house. She said that she has become concerned about screaming matches between the tenant and her children during the day and night. She and her family have been worried that someone is being hurt and have wondered whether they should get help.
- Her husband spoke to the landlord about this about three weeks ago. The last time she was disturbed was Saturday 28 March.
- Ms AA has had her sleep disturbed at 4 or 5 in the morning, and then been unable to get back to sleep before getting up for an early shift for her work.
- She said the noise can last for 30 minutes to an hour. Ms BA
- Ms BA said that she is particularly disturbed by the noise between 10pm and 8 am. On Friday 13 March between 5am and 7am she heard the children screaming and yelling, but also the tenant. The A family had visitors staying and they were also disturbed by the noise.
- She said that she has heard noise during the day, but that does not affect her so much. This time it affected her badly and she was fed up.
- She said that on Sunday 22 March at about 11am she heard loud noise and screaming. By screaming she means yelling, but some of the children’s noise is intelligible and is closer to screaming.
- On Saturday 28 March from around 5am, it sounded as though a child was crying and yelling. From 5.30am it sounded as though more than one child was yelling. There was a lot of door slamming.
- She said that there is about 2 metres’ distance between their property and the boundary.
- Ms BA said that on Wednesday 1 April there was yelling for at least 5 minutes around midnight. Mr C
- Mr C lives directly behind the property. He is also a tenant of the landlord’s.
- Mr C said that he is disturbed by constant screaming, yelling, swearing and door slamming from the tenant’s house. He said that there is verbal abuse from both the children and the tenant.
- Mr C was first disturbed by the tenant when she first moved in about 6 months ago.
- He contacted the landlord a few weeks ago. He was not sure of exactly when. He then contacted her again about 3 or 4 weeks ago.
- He said it has interfered with his quality of life, that his parents who are 88 and 89 no longer visit him because of the disturbance and a couple of friends will no longer come over because of what they are appalled by what have heard. He has lived at the premises for 3 or 4 years, but is considering moving out.
- He said that there is a disturbance every day. There may be bursts of 5 minutes any time of the day. Four weeks ago it was from 4am to 7.30am. He was woken by that. He has said that he has been woken on other occasions. There was another occasion around midnight.
- He cannot sit outside and read a book. If he is inside the house he can still hear it. His house is about 20 metres from the tenant’s house. The landlord thought it was 8 to 10 metres away. Ms D
- Ms D lives diagonally behind the tenant, at the back section of the tenant’s next- door neighbour. When Ms D is inside with her doors shut she does not hear much, but when she is outside she often hears yelling and screaming from the children, and the tenant yelling back.
- The first time she noticed it was a few months ago as she was hanging some washing in her carport at about 8.30pm. She was quite shocked to hear quite loud screaming and yelling first from a female child and then from a woman. She went inside but when she came out to put things in her bin a short time later, it was still going on.
- On a couple of occasions she has been relaxing in her yard in the late afternoon, early evening and has heard it.
- Not long ago she could hear the mum saying, “No wonder we are going to get kicked out”.
- Ms D contacted the landlord because she became quite concerned, worried about what was going on there. She thought it was more than usual parent, child yelling. She said it was the severity of screaming and yelling. It was not just someone yelling at their kids. She was concerned about what was going on and it would go on way too long. The tenant
- The tenant apologised to each of the witnesses for disturbing them. She has been actively looking for alternative accommodation.
- The Oranga Tamariki social worker emphasised that their involvement is not because of complaints about noise. She confirmed that the tenant has been searching for alternative accommodation. She agreed that the noise of the children would be very disturbing. Oranga Tamariki are trying to put in place mechanisms to support the tenant and the children. They are on a waiting list for medication. They are looking to separate the children. The notices
- Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
- Technically, the breach is not one that can be remedied within 14 days, but it is entirely appropriate that the landlord has served notices on the tenant regarding the alleged breaches of quiet enjoyment. There is no doubt that the tenant has been made aware that her conduct is disturbing her neighbours.
- On 30 January 2026 the landlord issued a notice stating that the tenant was breaching her neighbours’ right to quiet enjoyment. The notice referred to section 38, which is the provision of the Residential Tenancies Act that says that a tenant has the right to quiet enjoyment. The tenant was told to remedy the situation by stopping the abusive violent language and yelling at her children inside and outside the house at all times.
- On 3 March 2026 the landlord issued a second notice again saying that the tenant was breaching her neighbours’ right to quiet enjoyment. She said that the neighbours are "mortified by how you carry on", describing it as "beyond a joke." The tenant was asked to stop the "non stop yelling, swearing and cursing " which is described as "continuing and continuing"
- On 13 March 2026 the landlord issued a third notice saying that the tenant was breaching her neighbours’ right to quiet enjoyment by “Screaming and yelling overnight between 4 and 6am particularly neighbours couldn't sleep”. Again she was asked to stop the screaming and yelling overnight, particularly because the tenants have not been able to sleep.
- Despite these notices, the disturbances have continued. Ms BA described an incident on 22 March at around 11am, on 28 March around 5 or 5.30am and again around midnight on 1 April 2026. Discussion
- I am satisfied on the balance of probabilities that the tenant has repeatedly breached her obligations under section 40(2)(c) by interfering with the reasonable peace of at least three of the neighbouring properties.
- The landlord first formally notified the tenant of this on 30 January 2026, but the behaviour continued, leading to two further notices, and still the disturbance has continued.
- Ms AA and Ms D both said that the noise was such that they were worried and about the occupants of the house.
- The neighbours all live in stand-alone places. This is not an apartment block. There are no shared walls. And yet the noise is loud enough that the neighbour behind and the ones on one side can hear the noise even when they are inside and during the night.
- The neighbours and their guests have been woken by the noise. Mr C’s parents and two of his friends no longer want to visit him.
- Unfortunately, the tenant has not demonstrated that she is able to control her children’s outbursts or her own in response.
- I recognise that the tenant is herself in a very stressful situation. Her children have some special needs and it is not easy for her. Terminating the tenancy will be hard on the tenant and her children, but I have decided that it would be inequitable to refuse to terminate the tenancy because of the ongoing distressing impact of the tenant’s situation on her neighbours and also indirectly on the landlord. The landlord owns two of the properties occupied by the neighbours. If her other tenants give notice, she does not feel she can in good conscience put new tenants in there.
- I have therefore decided to terminate the tenancy, but have allowed the tenant almost 6 weeks to find alternative accommodation. The termination date is Wednesday 20 May 2026. If she finds something before then, she may terminate sooner, provided she gives at least 72 hours’ (3 days’) notice. This does not prevent her from giving the landlord more than 3 days’ notice, but it is hoped that the short notice period will make it easier for her to secure alternative accommodation without paying double rent for too long, and therefore may also bring peace to the neighbourhood sooner.
- It is also hoped that the neighbours can take some comfort that there will be an end to the disturbance, albeit not immediately.
- The landlord had filed some evidence regarding some allegations that the tenant has breached some obligations, but those were not in her original application and had not been set down for hearing and so no decision has been made on those.
- The tenant is reminded that all of her usual obligations as a tenant continue. That includes not disturbing the neighbours’ peace, paying the rent as it becomes due and keeping the premises reasonably clean and tidy. She will also need to ensure that at the end of the tenancy she fulfils all of her obligations, including removing all rubbish and leaving the premises reasonably clean and tidy.
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
- I have decided it is appropriate to give both parties and all the witnesses name suppression. The landlord is entitled to it because she has been successful in her application.
- The tenant has been the subject of media attention as the result of an earlier decision, not related to the noise disturbance. She is working with Oranga Tamariki to improve her situation with her children, including medication and possibly moving one of the children to live elsewhere. She is being given a chance to make the next tenancy work better.