Neighbours complain about repeated late-night disturbances by a periodic tenant's guests. The property manager wants to use the anti-social behaviour ground. What must be shown?
Correct Answer
C) Three written notices for separate incidents within 90 days, then filing within 28 days.
Section 55A lets a landlord under a periodic tenancy apply for termination where, on 3 separate occasions within 90 days, the tenant or their guests engaged in anti-social behaviour, a compliant written notice was given each time, and the application was filed within 28 days after the third notice. Anti-social behaviour includes harassment or conduct causing more than minor alarm, distress or nuisance.
Why This Is the Correct Answer
Section 55A's elements are three occasions and three notices in 90 days, filed within 28 days.
Why the Other Options Are Wrong
Option A: One serious incident, reported to Police, followed by a 14-day notice to remedy.
Section 55A needs three occasions and three notices; the 14-day notice is the s 56 route.
Option B: Three incidents within 12 months, with a Police report for each incident.
The window is 90 days and Police reports are not a requirement of s 55A.
Option D: Two written warnings within 60 days, then 21 days' notice to the tenant directly.
The Act requires three notices within 90 days and a Tribunal order, not direct notice.
Background Knowledge for Property Management
Source: https://www.legislation.govt.nz/act/public/1986/0120/latest/whole.html
Exam Tip for Property Management
Anti-social ground mirrors the late-rent ground: 3, 90, 28.
Common Mistakes to Avoid on Property Management Questions
- •Thinking one bad incident is enough for the anti-social behaviour ground.
More Property Management Questions
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Which of the following is a mandatory requirement for all rental properties under the Healthy Homes standards?
A periodic tenancy began 8 months ago and the rent has never been raised. If the landlord gives written notice today, when is the earliest a rent increase can take effect?
A property manager discovers a tenant has been subletting rooms without permission for 6 months, generating significant income. The head tenant is otherwise compliant and rent is current. What factors would most influence the Tenancy Tribunal's decision on termination?
Under the Residential Tenancies Act 1986, what is the most a landlord can charge as a general bond (not counting any separate pet bond)?
- → Which of the following is NOT a mandatory requirement for tenancy agreements under the Residential Tenancies Act?
- → How much notice must a landlord give a tenant before conducting a routine property inspection?
- → A tenant has given 21 days' notice to terminate a periodic tenancy but wants to leave 5 days early. What must happen for this to be legally acceptable?
- → A tenant claims bond refund for $1,200 but the landlord disputes $400 for carpet cleaning. The tenant disagrees and applies to the Tenancy Tribunal. What happens to the bond during this dispute?
- → How often may a landlord carry out routine inspections during a tenancy?
- → A landlord wants to increase rent for a periodic tenancy. What is the minimum notice period they must give?
- → During a property inspection, a property manager discovers the tenant has installed a spa pool without permission. What is the most appropriate first step?
- → By what date did all private rental properties in New Zealand have to comply with the healthy homes standards?
- → A property manager conducts an inspection and finds the tenant has installed a heat pump without permission. The tenancy agreement prohibits alterations without consent. What can the landlord legally require?
- → During a property inspection, a landlord notices the tenant has changed the locks. Under what circumstances is this legally permitted?
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