Breach of Tenancy for Anti-Social Behaviour
A breach of tenancy for anti-social behaviour can result in termination when a tenant's conduct seriously affects the peace, comfort or privacy of other tenants.
In this Wellington case, repeated complaints involved yelling, arguments, door slamming, abusive language and threatening behaviour. Although the landlord's three anti-social behaviour notices did not meet all the requirements for termination under section 55A of the Residential Tenancies Act 1986, the Tribunal ultimately terminated the tenancy under section 56.
Key Takeaways:
The landlord issued three anti-social behaviour notices following repeated complaints from neighbours.
The notices did not contain all the information required for termination under section 55A.
The Tribunal still considered the notices as evidence when assessing the wider breach.
Evidence from neighbouring tenants supported claims of repeated yelling, door slamming, abusive language and threatening behaviour.
The Tribunal found the tenant had interfered with other tenants' reasonable peace, comfort and privacy.
The breach was considered incapable of remedy because the effects of the repeated behaviour could not be undone.
The tenancy was terminated under section 56, with possession granted to the landlord from 3pm on 9 January 2026.
How did the tenancy dispute begin?
The periodic tenancy involved an apartment in a Wellington complex managed by a social housing provider. The tenancy began in April 2025, with no reported issues until August.
Concerns began when neighbouring residents complained about the tenant's conduct and its impact on the apartment complex. The tenancy advisor spoke with the tenant and asked him to be mindful of other residents, warning that further incidents could result in formal notices.
Complaints continued, and the landlord issued three anti-social behaviour notices on 13 October, 16 October and 11 November 2025. The landlord then applied to the Tenancy Tribunal seeking termination of the tenancy.
What behaviour was reported by the neighbours?
At the hearing, the Tribunal heard directly from two neighbouring tenants and considered video evidence relating to the incidents.
One neighbour described repeated disturbances and an encounter in which the tenant used abusive language and made an aggressive statement towards her. She later began avoiding him.
Another neighbour said the disruption could be heard from inside her apartment and described occasions when the tenant approached her door or directed abusive remarks towards her. She told the Tribunal that she no longer felt secure in her home and was concerned about her 11-year-old daughter moving around the building.
The Tribunal acknowledged that the tenant's partner also contributed to the disputes and may have provoked him on occasions. However, each tenant remained responsible for their own conduct and its impact on neighbouring residents.
What counts as anti-social behaviour in a tenancy?
Under the Residential Tenancies Act, anti-social behaviour includes harassment or other acts that reasonably cause alarm, distress or nuisance beyond a minor level. The behaviour does not have to be intentional.
In this case, the Tribunal was satisfied that the conduct described in the notices amounted to anti-social behaviour.
Tenancy Services provides further information about dealing with anti-social behaviour and the process landlords can follow when repeated behaviour affects a tenancy.
Why did the anti-social behaviour notices fail?
The landlord had issued three anti-social behaviour notices, but they did not meet all the requirements for termination under section 55A.
For this process, there must be three separate occasions of anti-social behaviour within a 90-day period. Each notice must clearly describe the behaviour and include:
The date, approximate time and location
How many other notices have been issued during the same 90-day period
The tenant's right to challenge the notice through the Tribunal
The landlord must also apply to the Tribunal within 28 days after giving the third notice.
In this case, the notices did not properly state the date, approximate time, and location of the behaviour. Instead, they recorded when the property manager had spoken to the tenant. The Tribunal therefore declined to terminate the tenancy under section 55A.
This shows why accurate documentation and legally compliant notices matter. Poor documentation and incorrectly handled notices are among the risks of DIY property management, particularly when a dispute reaches the Tribunal.
Why was the tenancy still terminated?
The tenancy was still terminated because the Tribunal found the tenant's repeated behaviour breached other tenants' rights, could not be remedied, and was serious enough to justify termination under section 56.
The tenant breached his obligations
Under section 40, a tenant must not interfere with the reasonable peace, comfort or privacy of other tenants.
After considering neighbour testimony, videos, complaints and communications with the tenancy advisor, the Tribunal found that the tenant's repeated behaviour had breached this obligation and significantly affected neighbouring residents.
The breach could not be remedied
The Tribunal found the breach incapable of remedy because the effects of the tenant's repeated behaviour had already occurred and could not be undone.
Unlike unpaid rent or an untidy property, the situation could not simply be restored. The landlord was therefore not required to issue a 14-day notice to remedy.
The impact on neighbours justified termination
Although the tenant's former partner contributed to the disputes, the Tribunal found that not all of his behaviour involved her. One neighbour no longer felt secure in her home, while another had been threatened. The impact on neighbouring residents was considered serious enough to justify terminating the tenancy.
What did the Tenancy Tribunal decide?
The Tribunal terminated the tenancy under section 56.
The decision was issued on 18 December 2025. With Christmas approaching and agencies likely to close over the holiday period, the Tribunal allowed the tenant additional time to find alternative accommodation.
Possession was granted to the landlord from 3pm on Friday 9 January 2026, and the tenant was ordered to reimburse the landlord's $28 filing fee.
What can landlords take from this case?
This case highlights two important parts of dealing with a breach of tenancy for anti-social behaviour: following the correct legal process and keeping strong evidence.
The landlord's section 55A application (termination for repeated anti-social behaviour) failed because the notices were incomplete. However, neighbour testimony, videos, complaint records and other evidence established a serious breach under section 56 (termination for breach of the tenancy agreement or Act).
For landlords and property managers, practical steps include:
Record the date, time and location of reported incidents.
Keep emails, messages, videos and other supporting evidence.
Make sure formal notices contain all required information.
Keep records of warnings and conversations with tenants.
Seek first-hand evidence from affected neighbours where possible.
Do not assume that issuing three notices automatically guarantees termination.
The decision also shows that a tenant remains responsible for their own behaviour even when another person contributes to a dispute.
Effective property management can help landlords maintain accurate records, manage tenancy issues and follow the required processes when problems arise.
Managing anti-social behaviour before it escalates
Anti-social behaviour can become a serious tenancy issue when it begins affecting other residents. This case highlights the importance of clear documentation, correct processes and consistent tenancy management.
Strong property management helps protect both your tenants and your investment. See how Staircase Property Management looks after rental properties and supports owners throughout the tenancy.
FAQs about breach of tenancy for anti-social behaviour
What is considered anti-social behaviour in a tenancy?
Anti-social behaviour can include harassment or other conduct that causes alarm, distress or nuisance beyond what is considered minor. It may include repeated threatening, abusive or seriously disruptive behaviour.
Can a tenancy be terminated for anti-social behaviour?
Yes. A landlord may seek termination when anti-social behaviour meets the requirements of the Residential Tenancies Act, including the specific notice requirements that apply to repeated anti-social behaviour.
How many anti-social behaviour notices are needed before termination?
Under section 55A (termination for repeated anti-social behaviour), a landlord generally needs three qualifying incidents within a 90-day period, with a compliant notice issued for each incident.
What happens if an anti-social behaviour notice is incomplete?
An incomplete notice may prevent termination under section 55A. In this case, the notices did not include required incident details, although they were still considered as evidence for the landlord's separate section 56 application.
Does a landlord always need to issue a 14-day notice to remedy?
No. A 14-day notice may not be required when the Tribunal finds that a breach is incapable of remedy, meaning its effects have already occurred and cannot reasonably be undone.
Disclaimer: This article provides general information only and does not constitute legal or tenancy advice. Tenancy circumstances and Tribunal decisions vary. Consider seeking professional advice about your particular situation.