What was Tenancy Tribunal case 4544209 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4544209?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4544209?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4544209?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9393953-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4544209 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4544209?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4544209?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4544209?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9393953-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4544209 — Harassment

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The tenancy of Mark James McIntosh at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant had been notified about the hearing but he did not answer the calls made to his telephone.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant.
Three antisocial notices have been given to the tenant pursuant to section 55A of the Residential Tenancies Act 1986 (RTA. The landlord states that the anti- social behaviour is: • Notice 1 - shouting and swearing and running up and down the street shouting at and abusing other people, and this happened on 31 March 2023 • Notice 2 - fighting on the front lawn, and this happened on 6 April 2023 • Notice 3 – shouting and swearing all night and verbally threatening neighbours, and this happened on 9 May 2023 and the tenant was arrested.
I also have information from the police which the landlord requested under the Official Information Act. While the information has been redacted, the case summary reports provided record: • that the landlord contacted the police on 7 May 2023 after she had tried to complete an inspection and had to leave because the tenant verbally abused her and she felt intimidated • a member of the public reported to the police on 6 April 2023 that the tenant and 3 others were fighting on the front lawn • on 1 April 2023 the tenant was arrested and charged with wilful damage and possession of an offensive weapon after he used a golf club to damage a vehicle parked on the street outside the tenancy premises.
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 alarm, distress or nuisance that is more than minor.
I have taken into account the evidence presented by the landlord and the police case summaries. I find that the landlord has established that there has been anti-social behaviour by the tenant on the premises. I also find the landlord has served notices on the tenant as required in the RTA and the application to the Tribunal was made within 28 days of the date of the third notice.
I consider it be fair to terminate the tenancy taking into account the circumstances in which the behaviour arose and the notices were given. I cannot see that the landlord has acted in any retaliatory way in bringing this application.
The law does not allow me to consider the impact on the tenant in making an order for termination of the tenancy. In any event, the tenant has not attended the hearings.
The tenancy will end immediately. I emailed a copy of this order to the tenant at the same time as I emailed a copy to the landlord. This is proper service under the RTA, but the tenant may not be in a position to clear his emails. Accordingly, I have advised the landlord to speak with the police about the safest way to bring a copy of this order to the tenant’s attention.
The landlord’s application for suppression is allowed because the landlord is the most successful party.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The tenancy of Mark James McIntosh at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant had been notified about the hearing but he did not answer the calls made to his telephone.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant.
Three antisocial notices have been given to the tenant pursuant to section 55A of the Residential Tenancies Act 1986 (RTA. The landlord states that the anti- social behaviour is: • Notice 1 - shouting and swearing and running up and down the street shouting at and abusing other people, and this happened on 31 March 2023 • Notice 2 - fighting on the front lawn, and this happened on 6 April 2023 • Notice 3 – shouting and swearing all night and verbally threatening neighbours, and this happened on 9 May 2023 and the tenant was arrested.
I also have information from the police which the landlord requested under the Official Information Act. While the information has been redacted, the case summary reports provided record: • that the landlord contacted the police on 7 May 2023 after she had tried to complete an inspection and had to leave because the tenant verbally abused her and she felt intimidated • a member of the public reported to the police on 6 April 2023 that the tenant and 3 others were fighting on the front lawn • on 1 April 2023 the tenant was arrested and charged with wilful damage and possession of an offensive weapon after he used a golf club to damage a vehicle parked on the street outside the tenancy premises.
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 alarm, distress or nuisance that is more than minor.
I have taken into account the evidence presented by the landlord and the police case summaries. I find that the landlord has established that there has been anti-social behaviour by the tenant on the premises. I also find the landlord has served notices on the tenant as required in the RTA and the application to the Tribunal was made within 28 days of the date of the third notice.
I consider it be fair to terminate the tenancy taking into account the circumstances in which the behaviour arose and the notices were given. I cannot see that the landlord has acted in any retaliatory way in bringing this application.
The law does not allow me to consider the impact on the tenant in making an order for termination of the tenancy. In any event, the tenant has not attended the hearings.
The tenancy will end immediately. I emailed a copy of this order to the tenant at the same time as I emailed a copy to the landlord. This is proper service under the RTA, but the tenant may not be in a position to clear his emails. Accordingly, I have advised the landlord to speak with the police about the safest way to bring a copy of this order to the tenant’s attention.
The landlord’s application for suppression is allowed because the landlord is the most successful party.

Tenancy Tribunal case 4544209 — Harassment

At a glance

Tenancy Tribunal case 4544209 — 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