What was Tenancy Tribunal case 4557170 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 4557170?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4557170?

The primary dispute was Harassment. Related themes: Unit Titles.

Where can I read the official tribunal order for case 4557170?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9269252-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4557170 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 4557170?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4557170?

The primary dispute was Harassment. Related themes: Unit Titles.

Where can I read the official tribunal order for case 4557170?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9269252-Tribunal_Order_Redacted.pdf.

Unit/Flat 2, 7 Hayden Street, Freemans Bay, Auckland 1011 Tenancy Tribunal Case 4557170 — Harassment

Tenantcheck Insights

Reasons

Both parties attended the hearing. Jan Maturan-Abuid and Regina Faaletatau attended for the landlord and [The tenant/s] represented herself.

Following a case conference on 24 May 2023 I made some interim orders which related to maintenance issues raised by the tenant.

I record that following the hearing today, I am satisfied that the landlord has complied with those directions and there is thus no longer a breach of the landlord’s failure to maintain.

That left two other claims made by the tenant, as follows. a. Landlord’s failure to take all reasonable steps to prevent a breach of quiet enjoyment by neighbours - section 45(1)(e) Residential Tenancies Act 1986 (“the Act”) b. Breach of quiet enjoyment/harassment by landlord – section 38 of the Act

In support of her claims, the tenant described a situation of ongoing fractious relationships with several neighbours. In particular, she says that problems have occurred with the occupant of unit 3.

The tenant said that she used to be friends with most of the other neighbours however since the neighbour in unit 3 has moved in, he has effectively turned all the other neighbours against her. She has found this very distressing.

She has described a situation where false accusations have been made against her by others, including on Facebook, rubbish and dog faeces being thrown over her fence, and she describes the neighbour in unit 3 as an informant for government agencies including Kainga Ora and possibly the police.

She says that various property managers and representatives of the landlord show up and are trying to force her our of her home. She says this has been very distressing and this is harassment by the landlord.

She also referred to numerous other issues that are not properly the responsibility of the landlord, including damage to her vehicle and theft of post.

The landlord acknowledges that there are fractious relationships between the tenant and neighbours but says that the tenant is also part of the issue and that breach notices have been issued to Kainga Ora by the Body Corporate due to behaviour of the tenant.

The landlord further says that they have taken all reasonable steps to prevent interference with her quiet enjoyment by the neighbours. This has included offering the tenant multiple alternative housing options. Findings

As I indicated in my earlier order dated 24 May 2023, the Tribunal is a legal forum and applies the usual civil law standards and expectations. That means that it is for the party bringing the application (in this case, the tenant) to establish their claims. This is referred to as the “onus of proof”.

It is for that party to establish the claims “on the balance of probabilities”. That means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof”.

Independent witnesses, corroborating documents and photographs can be an important part of discharging this burden.

As noted in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

I have recited this again because as I explained to the tenant, even though I have great sympathy for her predicament, and there may well be merit in her claims, there is not enough evidence before me to find that she has established either claim to the requisite standard.

That is why, as I explained at the hearing, her claims must be dismissed. Other Matters

That is not quite the end of the matter, however.

During the hearing, the tenant handed up a letter received by her dated 22 June 2023.

The subject of that letter is “Working with you to find another home”

Reading through the contents of that letter however, it seems that the letter is actually purporting to be a formal notice of termination under section 53B of the Act, giving the tenant until 21 September 2023 to vacate her current home.

However, the tone of the letter is ambiguous, and does not clearly cite that this is a notice under section 53B of the Act.

Because the tenant had not formally raised a claim challenging the notice, I cannot make any finding on that today. However, I indicated to the landlord that thought needs to be given to the wording of such letters to ensure that there is no ambiguity.

Ultimately, the tenant has indicated today that she does wish to move however she wishes to move to [Redacted], close to where her family resides. She is stressed and anxious about a potential move to [Redacted] where she does not know anyone.

Although the landlord at the hearing said that the tenant had been offered a move to [Redacted] previously, which she declined, the tenant had no recollection of that and the letter of 22 June 2023 only refers to two properties being offered: one in [Redacted] and one in [Redacted].

I encourage the landlord to do whatever it can to find a placement for the tenant in [redacted]. Clearly there is benefit for both parties if the tenant can be settled in a place that is quiet and comfortable for her.

It is clear that the tenant has suffered significant traumatic events throughout her life, including sexual violence, and this has affected her significantly. Because some of the trauma is associated with incidents that occurred while residing in Kainga Ora properties, this has likely coloured the tenant’s view of her landlord. While of course the landlord is not responsible for what occurred, it is understandable that the tenant may take this view.

More recently, the tenant says that her young grandson has died several weeks ago and this has deeply affected her. I offer my sincere condolences to her for that loss.

For these reasons, I urge the landlord to be understanding in the tenant’s desire to be near family rather than placed where she is feeling socially isolated. Suppression

Section 95A(4) provides that the Tribunal may on its own initiative, having regard to the interests of the parties and to the public interest, order that the name of any identifying particulars of any witness or party not be published.

I consider that in this case there is inherent sensitivity in the matters raised by the tenant. Moreover, there is no legitimate public interest that would require publication of her name. I therefore order suppression of her name and identifying details. J R Smith 08 August 2023

Reasons

Both parties attended the hearing. Jan Maturan-Abuid and Regina Faaletatau attended for the landlord and [The tenant/s] represented herself.

Following a case conference on 24 May 2023 I made some interim orders which related to maintenance issues raised by the tenant.

I record that following the hearing today, I am satisfied that the landlord has complied with those directions and there is thus no longer a breach of the landlord’s failure to maintain.

In support of her claims, the tenant described a situation of ongoing fractious relationships with several neighbours. In particular, she says that problems have occurred with the occupant of unit 3.

She also referred to numerous other issues that are not properly the responsibility of the landlord, including damage to her vehicle and theft of post.

Independent witnesses, corroborating documents and photographs can be an important part of discharging this burden.

That is why, as I explained at the hearing, her claims must be dismissed. Other Matters

That is not quite the end of the matter, however.

During the hearing, the tenant handed up a letter received by her dated 22 June 2023.

The subject of that letter is “Working with you to find another home”

However, the tone of the letter is ambiguous, and does not clearly cite that this is a notice under section 53B of the Act.

More recently, the tenant says that her young grandson has died several weeks ago and this has deeply affected her. I offer my sincere condolences to her for that loss.

For these reasons, I urge the landlord to be understanding in the tenant’s desire to be near family rather than placed where she is feeling socially isolated. Suppression

Tenancy Tribunal case 4557170 — Harassment at Unit/Flat 2, 7 Hayden Street, Freemans Bay, Auckland 1011

At a glance

Tenancy Tribunal case 4557170 — Harassment at Unit/Flat 2, 7 Hayden Street, Freemans Bay, Auckland 1011

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions