What was Tenancy Tribunal case 4464801 about?

The tribunal order states: This Order replaces that of 10 February 2023. Corrections have been made to

How much money was awarded in case 4464801?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4464801?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4464801?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8616610-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4464801 about?

The tribunal order states: This Order replaces that of 10 February 2023. Corrections have been made to

How much money was awarded in case 4464801?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4464801?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4464801?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8616610-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4464801 — Harassment

Order

This Order replaces that of 10 February 2023. Corrections have been made to the application number and the tenancy address.
The Tribunal orders suppression of the Tenant and Landlord’s names and identifying details.
Should the tenant engage in any anti-social behaviour, specifically engaging in verbal abuse or threats to any person or undertaking any work to or damaging the landlord’s property, at any time before 5 pm 14 April 2023, the tenant’s tenancy will terminate on the landlord giving the tenant notice of the anti-social behaviour and advising the tenant of the termination date which shall be no earlier than seven days from the date of the landlord’s notice.

Reasons

Both parties attended the hearing.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant.
The landlord gave evidence that notices regarding anti-social behaviour were issued to the tenant as follows: a. 7 October 2022 in relation to disrupting other tenant’s access to and use of skip bin and not complying with directions arrived at in an informal mediation regarding the tenant unilaterally undertaking works on the landlord’s property. b. 31 October 2022 in relation to verbal abuse being exchanged between the tenant and [tenant 2] on that date. c. 1 December 2022 in relation to verbal abuse exchanged between the tenant and [tenant 2] on 30 November 2022. d. 14 December 2022 in relation to the tenant cutting hedges at the property without the landlord’s authority and in contravention of agreements reached at informal mediation sessions; and disturbing other tenants at the playground.
The landlord had made a separate application in relation to the behaviour of the other tenant, [tenant 2], and the Tribunal has made an Order in relation to that application. The Tribunal has therefore had the benefit of both sides of the story in relation to the verbal exchanges referred to in the notices of 31 October and 1 December 2022.
The tenant did not dispute that these events had taken place and that he was involved in the verbally abusive exchanges.
The landlord submitted a detailed diary of other incidents involving the tenant causing disturbances within the landlord’s social housing complex.
The landlord provided verbal evidence explaining the seriousness of the incidents, the extensive steps it had taken to try and resolve the issues arising from the tenant’s behaviour and of the impact of the tenant’s behaviour on the other tenants in the complex and the landlord’s onsite manager. The law
Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied: a. on 3 separate occasions within a 90-day period the tenant, or a person in the premises with the tenant’s permission, engaged in anti-social behaviour in connection with the tenancy; and b. on each occasion the landlord gave the tenant written notice— i. describing clearly which specific behaviour was considered to be anti- social and (if known to the landlord) who engaged in it; and ii. advising the tenant of the date, approximate time, and location of the behaviour; and iii. stating how many other notices (if any) the landlord has given the tenant under this paragraph in connection with the same tenancy and the same 90-day period; and iv. advising the tenant of the tenant’s right to make an application to the Tribunal challenging the notice and; c. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice.
The Act confirms that antisocial behaviour includes harassment or any act (whether intentional or not) that reasonably causes significant alarm, distress or nuisance.
I have taken into account the evidence presented by the landlord as set out above. I have considered all of the evidence produced and the fact that I have not referred to it all does not mean that it has not been considered.
It is clear that the landlord has established that anti-social behaviour has occurred on the premises by the tenant.
The landlord has served notices on the tenant as required in the Residential Tenancies Act 1986 and which comply with the formal requirements of section 55A(2)(b) and (c) RTA.
I must now consider whether it would be unfair to terminate the tenancy taking into account the circumstances in which the behaviour happened and the notices were given. I cannot see that the landlord has acted in any retaliatory way in bringing this application.
I cannot consider the impact on the tenant in making an order for termination of the tenancy.
The tenant’s Court-appointed lawyer wrote to the Court on the directions of a District Court judge, setting out the circumstances which gave rise to the serious deterioration in the tenant’s behaviour.
It is not necessary to detail that information in this Order. The information is relevant to determining whether it would be unfair to terminate the tenancy, especially in relation to the circumstances in which the behaviour arose.
The tenant’s lawyer advocated that the tenant’s “accommodation is a significant requirement for his stability and if he was to be evicted from his current accommodation, this would have a detrimental effect on [the tenant’s] treatment for his mental health.”
Section 55A(4) RTA states that “the Tribunal must not take into account the impact that terminating the tenancy would have on the tenant.” As noted above, the tenant’s lawyer’s valid concerns about termination of the tenancy cannot therefore be considered in the Tribunal coming to a decision.
However, the circumstances in which the behaviour occurred are to be considered.
The evidence is clear - and the landlord accepts - that the incidents arose or became more severe and frequent due to a serious deterioration in the tenant’s mental health.
The tenant was admitted to hospital on 6 January 2023. He is the subject of a Community Compulsory Treatment Order under the Mental Health Act 1992. He is presently taking medication under supervision twice daily and this is to be reviewed in mid-April. In addition, he has the support of a Community Health Team and his social worker who represented him at the hearing and who outlined the support that the tenant was now receiving in the community and to whom the landlord can turn with any concerns.
While the tenant was only discharged from hospital on 25 January 2023, he has not engaged in anti-social behaviour since that date.
The landlord expressed serious concern at the impact of the tenant’s persistent behaviour on the landlord’s other tenants who are also vulnerable people. The landlord’s evidence is that it has gone to extraordinary lengths over many months to persuade the tenant to change his behaviour. The landlord is very concerned about the impact on its other tenants and its onsite manager if the tenant’s behaviour continued or deteriorated. After careful consideration, the landlord is still seeks termination of the tenancy out of consideration for its other tenants and its employees. Decision
The tenant’s behaviour met the legal requirements for anti-social behaviour.
It remains to consider whether it would be unfair to terminate the tenancy immediately because of the circumstances in which the behaviour occurred.
The evidence is clear that the tenant’s mental health seriously deteriorated during the time of the behaviour complained of in the landlord’s notices.
The landlord has a duty to its other tenants to provide for their quiet enjoyment. While the Tribunal must not to take into account the impact of termination on the tenant, the Tribunal may take into account the impact on those affected by the anti-social behaviour: that is, the other tenants in the complex and the landlord’s employees. From the landlord’s evidence, these impacts have been significant and the landlord cannot tolerate a repetition of the tenant’s behaviour out of concern for its other tenants and its manager.
At the time of the landlord’s application on 24 December 2022, it would not have been unfair to terminate the tenancy. At the date of the hearing, it may be unfair to terminate the tenancy as the circumstances that gave rise to the tenant’s behaviour are presently under control. However, now that the tenant is receiving the care and assistance he needs, it may not be necessary to terminate his tenancy.
It is appropriate for the Tribunal to make a conditional termination order. See section 78 (3) RTA. I note that this is an exercise of the Tribunal’s discretion under section 85(2) RTA to waive or mitigate the consequences of this decision to terminate the tenancy under section 55A RTA. See Welsh v Housing New Zealand (HC Wellington, AP 35/2000, 9 March 2001, Doogue and Goddard JJ at para 29). I am satisfied that this provides a “fair result” to the applicant.
The granting of a conditional termination order means that if the tenant engages in anti-social behaviour, specifically verbal abuse or threats to any person, or undertakes work on or damages the landlord’s property, for a period until 14 April 2023, then the landlord can terminate his tenancy and take possession of the property on giving no less than seven days’ notice.
Because of the mental health issues of the tenant, it is appropriate to exercise the Tribunal’s discretion in section 95A(4) RTA and order suppression of the landlord and tenant’s names and identifying details.

Tenancy Tribunal case 4464801 — Harassment

At a glance

Tenancy Tribunal case 4464801 — Harassment

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions