Ending a tenancy for physical assault by the tenant
A landlord can give written notice of at least 14 days in the approved form to terminate a tenancy, if the tenant has physically assaulted the landlord, the owner, a member of the landlord or owner’s family, or the landlord’s agent, and the Police have filed a charge against the tenant in respect of the assault. Landlords will need to provide qualifying evidence of the charge being filed.
What is physical assault?
Physical assault is defined as the act of intentionally applying force to the person of another, directly or indirectly.
Termination notice and evidence required
The landlord does not need to apply to the Tenancy Tribunal to end the tenancy, but they must give written notice that includes the following information and at least one form of evidence of the physical assault.
The termination notice must include the following information:
- the name of the person who carried out the assault. This must be a person on the tenancy agreement
- the name(s) of the person(s) assaulted
- the description of the assault
- the date of the assault
- the approximate time of the assault
- the location of the assault.
The usual rules around service of notices apply to the termination notice.
More information on serving notices
Landlords need to provide the following evidence of the assault with the termination notice:
- Police charging documents in respect of the assault or
- written confirmation from police that charges for assault have been filed.
When issuing the notice, the landlord must also advise the tenant in the notice that they have the right to challenge the notice through the Tenancy Tribunal. If a tenant challenges the notice of termination, the tenancy remains in place until the Tenancy Tribunal arrives at a decision.
Template for termination notice for assault by tenant – this form includes all the necessary requirements for the termination notice.
Template for termination notice for assault by tenant [DOCX, 86 KB]
Template for termination notice for assault by tenant [PDF, 439 KB]
Resolving disputes
If there is a dispute, either party can apply to the Tenancy Tribunal to have the matter resolved.
Find out more about resolving disputes:
Other actions a landlord can take
A landlord can also apply to the Tenancy Tribunal (under s55(1)(c)) to end the tenancy if the tenant has caused or threatened to cause substantial damage to the property or assaulted or threatened to assault certain people. These reasons also apply if the tenant causes or permits another person to do the same, for example as associate or family member. This type of application would be treated as an urgent application by the Tenancy Tribunal.
Find out how to apply to the Tenancy Tribunal
s55(1)(c) - Residential Tenancies Act 1986(external link) — New Zealand Legislation
More information
More information about the reform of the Residential Tenancies Act 1986(external link) — Ministry of Housing and Urban Development
Residential Tenancies Amendment Act 2020(external link) — New Zealand Legislation
