What was Tenancy Tribunal case 4581971 about?

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

How much money was awarded in case 4581971?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4581971?

The primary dispute was 14-day notice. Related themes: Harassment.

Where can I read the official tribunal order for case 4581971?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9328211-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4581971 about?

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

How much money was awarded in case 4581971?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4581971?

The primary dispute was 14-day notice. Related themes: Harassment.

Where can I read the official tribunal order for case 4581971?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9328211-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4581971 — 14-day notice

Tenantcheck Insights

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 or someone on the premises with the tenant’s permission.

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.

The landlord produced in evidence notices issued to the tenant as follows: a. 16 May 2023 a 14 day notice for “interference with the reasonable peace, comfort, or privacy of any of the landlord’s other tenants”. b. 16 May 2023 a notice claiming anti-social behaviour that involved “yelling and screaming at the neighbours on the morning of 14/05/2023.” c. 22 May 2023 a notice claiming anti-social behaviour “by yelling and screaming at the neighbours on the weekend of 20th/21st May 2023.”

As the landlord’s evidence does not include three notices which comply with the strict requirements of section 55A RTA, its application must be dismissed.

The landlord advised that the incidents between the neighbours had ceased since the filing of its application to the Tribunal. The landlord’s view is that the tenant is now aware of the serious implications which could follow from vociferous arguments with her neighbour and that it is unlikely that such incidents will reoccur.

As the landlord’s application has been dismissed, it is appropriate to order suppression of the tenant’s name and details.

Reasons

Both parties attended the hearing.

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.

As the landlord’s evidence does not include three notices which comply with the strict requirements of section 55A RTA, its application must be dismissed.

As the landlord’s application has been dismissed, it is appropriate to order suppression of the tenant’s name and details.

Tenancy Tribunal case 4581971 — 14-day notice

At a glance

Tenancy Tribunal case 4581971 — 14-day notice

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