What was Tenancy Tribunal case 4623209 about?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4623209?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4623209?

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

Where can I read the official tribunal order for case 4623209?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9417021-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4623209 about?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4623209?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4623209?

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

Where can I read the official tribunal order for case 4623209?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9417021-Tenancy_Tribunal_Order.pdf.

Unit 3, 3 Hobson Avenue, Kerikeri, Kerikeri 0230 Tenancy Tribunal Case 4623209 — 14-day notice

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of [The tenant/s] at Unit 3, 3 Hobson Avenue, Kerikeri, Kerikeri 0230 is terminated, and possession is granted to [The landlord/s], at 12.00 noon on Monday 18 September 2023.
[The tenant/s] must pay [The landlord/s] $20.44 immediately, being the filing fee for this application.

Reasons

Background

The units at 3 Hobson Avenue Kerikeri are owned and operated by the [The landlord/s] (FNDC) as housing for the elderly.
Ms Smith-Heihei’s tenancy at unit 3 began on 28 May 2018.
FNDC’s application seeks termination of the tenancy on the grounds of anti- social behaviour.
The hearing took place in Kaikohe on 14 September 2023. Ms Hohaia and Mr Kahotea represented FNDC. There was no appearance by Ms Smith-Heihei. Law
The Tenancy Tribunal must make an order terminating a tenancy if the Tribunal is satisfied that 1 : a. On three separate occasions within a 90-day period, the tenant engaged in anti-social behaviour in connection with the tenancy; and b. On each occasion the landlord gave the tenant written notice detailing the alleged anti-social behaviour, stating how many other notices the landlord has given to the tenant within the same 90-day period, and advising the tenant of their right to make an application to the Tribunal challenging the notice.
Anti-social behaviour is defined as 2 : a. Harassment; or b. Any other act or omission that causes alarm, distress, or nuisance that is more than minor.
The Tribunal has a limited discretion to not make an order for termination if 3 : a. Doing so would be unfair because of the circumstances in which the behaviour occurred or the notices were given; or b. In making the application for termination, the landlord was motivated by the tenant exercising a legal right or power.
The Tenancy Tribunal may also make an order terminating a tenancy if 4 : a. The tenant breached a duty owed under the terms of the tenancy agreement or the Residential Tenancies Act 1986; and b. If the breach is capable of being remedied, the landlord gave the tenant a notice describing the breach and giving the tenant a reasonable period of time (not less than 14 days) to remedy the breach; and c. The tenant did not remedy the breach within the notice period; and d. The nature and extent of the breach is such that it would be unjust to refuse the request for termination.
Tenants have a duty to not cause or permit an unreasonable interference with the peace, comfort, and privacy of their neighbours 5 . 1 Section 55A(2), Residential Tenancies Act 1986 (RTA) 2 Section 55A(7) RTA 3 Section 55A(3) RTA 4 Section 56 RTA 5 Section 40(2)(c) RTA Findings
Ms Hohaia provided copies of anti-social behaviour notices that FNDC issued to Ms Smith-Heihei on 17 February 2022, 24 March 2022, 5 August 2022, 15 August 2022, 28 April 2023, 31 May 2023, and 13 June 2023.
The FNDC also issued breach notices to Ms Smith-Heihei on 12 January 2022 and 16 February 2022 in respect of causing an unreasonable interference with the FNDC’s other tenants.
The claim for termination is based on the anti-social behaviour notices dated 28 April 2023, 31 May 2023, and 13 June 2023, being three notices issued within a 90-day period. The other notices were submitted by way of background to the current application.
The three notices meet the formal requirements detailed in paragraph 5b above. They all describe the alleged anti-social behaviour, state the approximate date, time, and location that the behaviour took place, and they state how many other notices have been given within the 90-day period.
The anti-social behaviour alleged in the notices is: a. That on 11 April 2023 Ms Smith-Heihei swore at, and acted aggressively towards, a contractor who was on site to investigate a possible roof leak. This notice also refers to other incidents that took place on 13 December 2022, 28-31 December 2022, 16 January 2023, 16 March 2023, and 20 March 2023. b. That on 31 May 2023 an FNDC Technical Officer contacted Ms Smith- Heihei about a request that she had made for a lightbulb replacement and in that conversation Ms Smith-Heihei became “very abusive and [made] remarks towards our Technical Officer stating that he is doing things his own way before accusing him of stealing from your people and treating them poorly”. c. That on Saturday 3 June and Saturday 10 June 2023, Ms Smith-Heihei had visitors who were “excessively noisy with little or no regards for your neighbours ...your visitors also had unauthorised dogs roaming free in the village confining other tenants / neighbours to their units out of fear”.
There is no evidence of Ms Smith-Heihei denying the alleged behaviour. Every notice informed Ms Smith-Heihei of her right to challenge the notice by making an application with the Tenancy Tribunal. No such applications were made in respect of any of the anti-social behaviour notices.
Ms Hohaia provided detailed submissions about a long-standard pattern of behaviour by Ms Smith-Heihei that includes: a. Verbal abuse directed towards other residents. b. Verbal abuse, including racial abuse, directed towards FNDC employees. c. Verbal abuse directed towards contractors carrying out repairs and maintenance on behalf of FNDC. d. Frequent visits from ‘guests’ who: i. Stay for prolonged periods; and ii. Cause excessive noise; and iii. Bring dogs onto the property.
I am satisfied that: a. The incidents on 11 April, 31 May, 3 June and 10 June are proven. b. The incidents amount to anti-social behaviour. They caused more than minor distress and nuisance for the persons affected by Ms Smith-Heihei’s behaviour. c. There are also multiple proven incidences of Ms Smith-Heihei causing an unreasonable interference with the peace, comfort and privacy of her neighbours. d. There are clear grounds for termination of the tenancy. e. It would not be unjust to make an order for termination having regard to: i. The seriousness of the incidents. ii. The impact of Ms Smith-Heihei’s behaviour on the other residents, FNDC staff, and contractors. iii. The period of time that this has been going for, and the fact that the situation is not improving.
The tenancy will terminate on Monday 18 September 2023.
The applicant has been successful in this application, and I must award the applicant the filing fee of $20.44 6 . N Blake, 14 September 2023 6 Section 102(4)(a) RTA

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of [The tenant/s] at Unit 3, 3 Hobson Avenue, Kerikeri, Kerikeri 0230 is terminated, and possession is granted to [The landlord/s], at 12.00 noon on Monday 18 September 2023.
[The tenant/s] must pay [The landlord/s] $20.44 immediately, being the filing fee for this application.

Reasons

Background

The units at 3 Hobson Avenue Kerikeri are owned and operated by the [The landlord/s] (FNDC) as housing for the elderly.
Ms Smith-Heihei’s tenancy at unit 3 began on 28 May 2018.
FNDC’s application seeks termination of the tenancy on the grounds of anti- social behaviour.
The hearing took place in Kaikohe on 14 September 2023. Ms Hohaia and Mr Kahotea represented FNDC. There was no appearance by Ms Smith-Heihei. Law
The Tenancy Tribunal must make an order terminating a tenancy if the Tribunal is satisfied that 1 : a. On three separate occasions within a 90-day period, the tenant engaged in anti-social behaviour in connection with the tenancy; and b. On each occasion the landlord gave the tenant written notice detailing the alleged anti-social behaviour, stating how many other notices the landlord has given to the tenant within the same 90-day period, and advising the tenant of their right to make an application to the Tribunal challenging the notice.
Anti-social behaviour is defined as 2 : a. Harassment; or b. Any other act or omission that causes alarm, distress, or nuisance that is more than minor.
The Tribunal has a limited discretion to not make an order for termination if 3 : a. Doing so would be unfair because of the circumstances in which the behaviour occurred or the notices were given; or b. In making the application for termination, the landlord was motivated by the tenant exercising a legal right or power.
The Tenancy Tribunal may also make an order terminating a tenancy if 4 : a. The tenant breached a duty owed under the terms of the tenancy agreement or the Residential Tenancies Act 1986; and b. If the breach is capable of being remedied, the landlord gave the tenant a notice describing the breach and giving the tenant a reasonable period of time (not less than 14 days) to remedy the breach; and c. The tenant did not remedy the breach within the notice period; and d. The nature and extent of the breach is such that it would be unjust to refuse the request for termination.
Tenants have a duty to not cause or permit an unreasonable interference with the peace, comfort, and privacy of their neighbours 5 . 1 Section 55A(2), Residential Tenancies Act 1986 (RTA) 2 Section 55A(7) RTA 3 Section 55A(3) RTA 4 Section 56 RTA 5 Section 40(2)(c) RTA Findings
Ms Hohaia provided copies of anti-social behaviour notices that FNDC issued to Ms Smith-Heihei on 17 February 2022, 24 March 2022, 5 August 2022, 15 August 2022, 28 April 2023, 31 May 2023, and 13 June 2023.
The FNDC also issued breach notices to Ms Smith-Heihei on 12 January 2022 and 16 February 2022 in respect of causing an unreasonable interference with the FNDC’s other tenants.
The claim for termination is based on the anti-social behaviour notices dated 28 April 2023, 31 May 2023, and 13 June 2023, being three notices issued within a 90-day period. The other notices were submitted by way of background to the current application.
The three notices meet the formal requirements detailed in paragraph 5b above. They all describe the alleged anti-social behaviour, state the approximate date, time, and location that the behaviour took place, and they state how many other notices have been given within the 90-day period.
The anti-social behaviour alleged in the notices is: a. That on 11 April 2023 Ms Smith-Heihei swore at, and acted aggressively towards, a contractor who was on site to investigate a possible roof leak. This notice also refers to other incidents that took place on 13 December 2022, 28-31 December 2022, 16 January 2023, 16 March 2023, and 20 March 2023. b. That on 31 May 2023 an FNDC Technical Officer contacted Ms Smith- Heihei about a request that she had made for a lightbulb replacement and in that conversation Ms Smith-Heihei became “very abusive and [made] remarks towards our Technical Officer stating that he is doing things his own way before accusing him of stealing from your people and treating them poorly”. c. That on Saturday 3 June and Saturday 10 June 2023, Ms Smith-Heihei had visitors who were “excessively noisy with little or no regards for your neighbours ...your visitors also had unauthorised dogs roaming free in the village confining other tenants / neighbours to their units out of fear”.
There is no evidence of Ms Smith-Heihei denying the alleged behaviour. Every notice informed Ms Smith-Heihei of her right to challenge the notice by making an application with the Tenancy Tribunal. No such applications were made in respect of any of the anti-social behaviour notices.
Ms Hohaia provided detailed submissions about a long-standard pattern of behaviour by Ms Smith-Heihei that includes: a. Verbal abuse directed towards other residents. b. Verbal abuse, including racial abuse, directed towards FNDC employees. c. Verbal abuse directed towards contractors carrying out repairs and maintenance on behalf of FNDC. d. Frequent visits from ‘guests’ who: i. Stay for prolonged periods; and ii. Cause excessive noise; and iii. Bring dogs onto the property.
I am satisfied that: a. The incidents on 11 April, 31 May, 3 June and 10 June are proven. b. The incidents amount to anti-social behaviour. They caused more than minor distress and nuisance for the persons affected by Ms Smith-Heihei’s behaviour. c. There are also multiple proven incidences of Ms Smith-Heihei causing an unreasonable interference with the peace, comfort and privacy of her neighbours. d. There are clear grounds for termination of the tenancy. e. It would not be unjust to make an order for termination having regard to: i. The seriousness of the incidents. ii. The impact of Ms Smith-Heihei’s behaviour on the other residents, FNDC staff, and contractors. iii. The period of time that this has been going for, and the fact that the situation is not improving.
The tenancy will terminate on Monday 18 September 2023.
The applicant has been successful in this application, and I must award the applicant the filing fee of $20.44 6 . N Blake, 14 September 2023 6 Section 102(4)(a) RTA

Tenancy Tribunal case 4623209 — 14-day notice at Unit 3, 3 Hobson Avenue, Kerikeri, Kerikeri 0230

At a glance

Claims & awards

Tenancy Tribunal case 4623209 — 14-day notice at Unit 3, 3 Hobson Avenue, Kerikeri, Kerikeri 0230

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions