Ending a tenancy via the Tenancy Tribunal

A landlord can apply to the Tenancy Tribunal to end a tenancy when the tenant is in rent arrears, in a number of different situations.

• Failure to remedy after 14-day notice
  The tenant hasn’t got back on top of their rent payments as per a 14-day notice they have received from the landlord (s 56 RTA).
• 21 days or more in arrears
  The tenant is at least 21 days behind in paying their rent (whether the landlord has sent a 14-day notice to remedy or not) (s 55(1)(a) RTA).
• 3 notices in 90 days that at least 5 working days’ in arrears
  The tenant is currently in rent arrears (by any amount) and the landlord has given the tenant written notice on three separate occasions within a 90-day period that the rent has been at least five working days’ late.
  
  To be valid, each notice must say what dates the rent was due, how much is overdue, and the tenant’s right to make an application to the Tribunal challenging the notice. The notice must also say if the notice is the first, second or third notice. The landlord’s application to the Tribunal has to be made within 28 days after the landlord gave the third notice (s 55(1)(aa) RTA).

If the tenant paid a bond, the landlord can ask the Tenancy Tribunal to award a refund of the bond towards any rent arrears.

A tenant or landlord can apply to the Tenancy Tribunal to end a tenancy where the other party has repeatedly breached conditions of the tenancy agreement. Generally this provision will be used by landlords rather than tenants and may be for things such as smoking in the house, having a pet, or falling behind in the rent.

In order to end a tenancy because of this, the landlord must have sent the tenant a 14-day notice to remedy outlining what breach has occurred and giving the tenant reasonable time to address the breach (s 56(1) RTA).

In order for the Tribunal to end a tenancy for this reason, they need to be convinced that the breach is significant enough to warrant ending the tenancy.

A landlord can apply to the Tribunal to end a periodic tenancy where a tenant (or someone on the property with the tenant’s permission) has engaged in 'anti-social behaviour'. The tenant must have done so on at least three separate occasions within a 90-day period, and the landlord has given the tenant the required notice each time (s 55A RTA).

This notice requires that the landlord:

• Clearly describes the behaviour that is considered anti-social and who engaged in it.
• Gives the date, approximate time and location of the behaviour.
• States how many other notices (if any) the landlord has given in connection with this tenancy within the last 90 days.
• Advises the tenant of their right to challenge the notice at the Tenancy Tribunal.

The Tenancy Tribunal has said that no more than one anti-social behaviour notice can be issued per day, to give the tenant time to change their behaviour or challenge the notice in the Tribunal.

 The Tenancy Tribunal has found that anti-social behaviour includes:

• Late-night or continual loud music or singing 
• Fighting, swearing, screaming, yelling, banging doors and stomping
• Threatening, intimidating or harassing neighbours or other tenants
• Large parties or an unusually high number of visitors
• Gang activity
• Drug use
• Untidy rubbish or littering
• Using other tenants’ carparks, blocking shared driveways

Angry or heated exchanges between a tenant and landlord will not necessarily amount to anti-social behaviour.

If the landlord applies under this provision they must do it within 28 days of giving the third notice about anti-social behaviour.

Tenancy Services has useful information, aimed at landlords, which explain options for landlords dealing with anti-social behaviour from tenants.They have also created a decision tool to assist landlords to choose appropriate options for dealing with anti-social behaviour. This includes options for ending fixed term tenancies and boarding house tenancies.

If the tenant challenges a notice at the Tribunal then the landlord must prove that the anti-social behaviour described in the notice took place. Evidence might include witness statements, video recordings, and noise control or Police reports. In some instances, the Tribunal may simply accept the word of the landlord that the anti-social behaviour occurred.The Tenancy Tribunal should not make an order ending the tenancy for anti-social behaviour if they consider that the landlord was motivated, even in part, by the tenant exercising their rights under the tenancy agreement or the law, or by any complaints about the landlord.

A landlord can apply to the Tenancy Tribunal to end a periodic or fixed term tenancy if the tenant has:

• caused, or threatened to cause, serious damage to the premises (s55(1)(b) RTA), or
• assaulted, or threatened to assault, certain people (including the landlord, property manager and neighbours) (s55(1)(c) RTA).

The Tribunal can decide not to end the tenancy if the tenant has remedied the problem and the Tribunal is satisfied that it is unlikely to happen again (s55(2) RTA).

A landlord can apply to the Tenancy Tribunal to end a periodic tenancy because continuing the tenancy would cause hardship to the landlord. The Tribunal must be convinced that not ending the tenancy would cause the landlord significant hardship. They must consider the impact that ending the tenancy would have on the tenant (s 55B RTA).

A landlord can apply to the Tenancy Tribunal to end a tenancy where a tenant has abandoned the tenancy and the rent is in arrears (s 61 RTA). Abandoning the tenancy means the tenant has left the property without any intention of returning.

If the Tribunal determines that the tenant has abandoned the tenancy the tenant will be liable to pay rent:

• in the case of a periodic tenancy, for 28 days from the date when the landlord did (or should have) become aware that the tenant had abandoned the premises, or until there is a new tenant in the property
• in the case of a fixed-term tenancy, until the end of the fixed term or until there is a new tenant in the property.