Dealing with Disruptive Tenants: A Landlord’s Guide
Dealing with disruptive tenants involves understanding the specific obligations placed on both landlords and tenants under New Zealand's Residential Tenancies Act 1986 (RTA 1986). A disruptive tenant is generally considered one whose actions interfere with the peace, comfort, or privacy of others, causes damage to the property, or uses the premises for unlawful purposes.
Landlord and Tenant Obligations
Under New Zealand law, both landlords and tenants have obligations regarding the peaceful enjoyment of the rental property and the conduct of its occupants.
A landlord must not interfere with the tenant’s reasonable peace, comfort, or privacy in the use of the premises [Source: Residential Tenancies Act 1986, s 38(1)]. This obligation can also extend to addressing issues between tenants if the landlord manages multiple units.
A tenant, in turn, has several key obligations relevant to preventing disruptive behaviour:
- Not to interfere with the peace, comfort, or privacy of the landlord or any owner or occupier of neighbouring land [Source: Residential Tenancies Act 1986, s 40(1)(d)].
- To take reasonable care of the premises [Source: Residential Tenancies Act 1986, s 40(1)(c)].
- To keep the premises reasonably tidy [Source: Residential Tenancies Act 1986, s 40(1)(e)].
- Not to use the premises for any unlawful purpose [Source: Residential Tenancies Act 1986, s 40(1)(f)]. An 'unlawful purpose' refers to activity that is contrary to the law and has a direct connection to the premises, such as drug manufacturing or illegal gambling.
Initial Steps: Communication and Formal Notices
When disruptive behaviour occurs, the initial steps often involve communication, followed by formal notices if the behaviour continues or is serious.
Notice to Remedy a Breach
If a tenant breaches their tenancy agreement or obligations under the RTA 1986, such as interfering with neighbours or causing minor damage, the landlord may issue a 'notice to remedy' [Source: Residential Tenancies Act 1986, s 54]. This notice is a formal written communication advising the tenant of a breach and providing an opportunity to rectify it. It must:
- Be in writing [Source: Residential Tenancies Act 1986, s 54(1)(a)].
- Specify the nature of the breach [Source: Residential Tenancies Act 1986, s 54(1)(b)].
- State what the tenant must do to remedy the breach [Source: Residential Tenancies Act 1986, s 54(1)(c)].
- Specify a reasonable period within which the breach must be remedied, which must be not less than 14 working days [Source: Residential Tenancies Act 1986, s 54(2)]. (Note: For rent arrears, the period is 10 working days [Source: Residential Tenancies Act 1986, s 54(2)(a)]).
- State that if the breach is not remedied, the landlord may apply to the Tenancy Tribunal for a termination order [Source: Residential Tenancies Act 1986, s 54(1)(d)].
Specific Notices for Anti-social Behaviour
For persistent anti-social behaviour, the RTA 1986 provides a specific process for termination. An 'anti-social act' is defined as harassment, intimidation, abuse, or serious interference with the peace, comfort, or privacy of other tenants or neighbours [Source: Residential Tenancies Act 1986, s 55A(1)(c)].
A landlord may issue a written notice for each anti-social act committed by the tenant. Each notice must clearly state that:
- It is a notice of an anti-social act [Source: Residential Tenancies Act 1986, s 55A(3)(a)].
- It describes the anti-social act [Source: Residential Tenancies Act 1986, s 55A(3)(b)].
- The tenant’s commission of further anti-social acts may result in the landlord applying to the Tenancy Tribunal for a termination order [Source: Residential Tenancies Act 1986, s 55A(3)(c)].
Applying to the Tenancy Tribunal for Termination
If a breach is not remedied, or if the behaviour is serious, a landlord may apply to the Tenancy Tribunal for a termination order. The 'Tenancy Tribunal' is an independent judicial body that resolves disputes between landlords and tenants.
Grounds for Termination related to Disruptive Behaviour
The RTA 1986 outlines several grounds upon which the Tenancy Tribunal may make an order for the termination of a tenancy due to disruptive behaviour:
- Repeated Anti-social Acts: If a tenant has committed three separate anti-social acts within a 90-day period, and the landlord has given the required notices for each act, the Tenancy Tribunal may make a termination order [Source: Residential Tenancies Act 1986, s 55A(1)(b)].
- Significant Damage: If the tenant has intentionally or carelessly caused or permitted to be caused, substantial damage to the premises [Source: Residential Tenancies Act 1986, s 55(1)(e)].
- Assault: If the tenant has assaulted or threatened to assault the landlord, a member of the landlord's family, or an occupier of any neighbouring land [Source: Residential Tenancies Act 1986, s 55(1)(ea)].
- Unlawful Purpose: If the tenant has used or permitted the premises to be used for an unlawful purpose [Source: Residential Tenancies Act 1986, s 55(1)(f)].
- Unremedied Breach: If the tenant has failed to remedy a breach of the tenancy agreement or the RTA 1986 after receiving a valid notice to remedy, the landlord may apply for a termination order [Source: Residential Tenancies Act 1986, s 55(1)(b)].
Urgent Applications (Ex Parte)
In situations involving serious and urgent circumstances, such as imminent danger to persons or property, a landlord may be able to make an 'ex parte' application to the Tenancy Tribunal [Source: Residential Tenancies Act 1986, s 78A]. An 'ex parte' application is one where an order may be made without the other party (the tenant) first being heard, due to the urgency of the matter. The Tribunal may make an interim order or an order for termination in such cases, provided strict criteria are met [Source: Residential Tenancies Act 1986, s 78A(1), s 78A(2)].
The Role of the Tenancy Tribunal
The Tenancy Tribunal is responsible for resolving disputes and making decisions on tenancy matters. When considering an application, the Tribunal will take into account all relevant circumstances, including the conduct of both parties, the impact of the tenant’s actions on neighbours, and the severity and persistence of the disruptive behaviour [Source: Residential Tenancies Act 1986, s 85].
Before a formal hearing, the Tenancy Tribunal often offers 'mediation', which is a process where an independent mediator helps the parties reach a mutually agreeable solution [Source: Residential Tenancies Act 1986, s 87]. If mediation is unsuccessful, the matter proceeds to a formal hearing where the Tribunal member will make a binding decision.
When to Seek Independent Legal Advice
Landlords encountering complex or serious issues with disruptive tenants should consider seeking independent legal advice. Information regarding specific legal rights and obligations can be obtained from official government resources such as Tenancy Services or Community Law Centres. Community Law Centres provide free legal advice to those who qualify.