What was Tenancy Tribunal case 4626987 about?

The tribunal order states: Suppression of the Tenant and Landlord name and identifying details.

How much money was awarded in case 4626987?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4626987?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4626987?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9280835-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4626987 about?

The tribunal order states: Suppression of the Tenant and Landlord name and identifying details.

How much money was awarded in case 4626987?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4626987?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4626987?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9280835-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4626987 — Harassment

Order

Suppression of the Tenant and Landlord name and identifying details.
The application is dismissed.

Reasons

Both parties attended the hearing.
This is a periodic tenancy which started on 20 April 2023.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant.
In summary, the landlord states that the anti-social behaviour is swearing, name calling, aggressive and intimidating behaviour, and denying access for methamphetamine testing.
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 as set out above.
I have determined 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 the application to the Tribunal was made within 28 days of the date of the third notice. I do not find that the landlord has acted in any retaliatory way in bringing this application.
However, on balance I consider it would be unfair to terminate the tenancy taking into account the circumstances in which the behaviour arose, and the notices were given.
[The tenant/s] gave candid and compelling evidence around the circumstances which led to his behaviour. It is not disputed that he was owed $800.00 by the landlord for a previous tenancy. He says that he was without hot water for the first 6 weeks of the tenancy and there were no gas bottles. He agrees he was agitated and angry because the landlord owed him money and there were some maintenance issues, but yet they wanted to enter the premises to do testing for methamphetamine. [The tenant/s] says he felt cornered as there was always at least 2 representatives from the landlord, an additional property manager from the head landlord arrived, and there were 2 different testing agents, all within one week. He was upfront that his behaviour was not acceptable, he has apologised to the landlord, and he apologised again at the hearing. I accept his evidence that he did not deny access to the premises and his dogs were tied up when requested. The landlord confirmed that they preferred to remove themselves rather than make a bad situation worse.
Both parties acknowledge that [The tenant/s] has been assisted by [The tenant’s support person/s] from the [redacted] organisation as an independent third party to help improve communications. A recent hui has taken place and the money owed to [The tenant/s] was paid the following day. A property inspection took place approximately 2 weeks ago without incident.
I have made it clear to [The tenant/s] that any aggressive and intimidating behaviour directed towards the landlord, or any testing agents or contractors is not acceptable and will not be tolerated. The landlord must be able to carry out their duties without fear or insults. However, I acknowledge that [The tenant/s] felt overwhelmed and cornered through the series of events and he reacted badly through anger. He acknowledges that he cannot speak to the landlord or anyone on behalf of the landlord in an aggressive way and he has agreed that [The tenant’s support person/s] will take the lead to help him in future.
Although I have declined to terminate the tenancy on this occasion, [The tenant/s] has been forewarned that any further anti-social behaviour will likely result in the immediate termination of his tenancy. [The tenant/s] acknowledges that the landlord may enter the premises for methamphetamine testing on the requisite notice and that he cannot deny entry. It is to be hoped that [The tenant’s support person/s] and [redacted] can continue to help [The tenant/s] navigate his interactions with the landlord.
The application is dismissed.
Given the sensitive nature of this application and the ongoing tenancy, I have exercised my discretion to apply name suppression for all parties involved.

Order

Suppression of the Tenant and Landlord name and identifying details.
The application is dismissed.

Reasons

Both parties attended the hearing.
This is a periodic tenancy which started on 20 April 2023.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant.
In summary, the landlord states that the anti-social behaviour is swearing, name calling, aggressive and intimidating behaviour, and denying access for methamphetamine testing.
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 as set out above.
I have determined 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 the application to the Tribunal was made within 28 days of the date of the third notice. I do not find that the landlord has acted in any retaliatory way in bringing this application.
However, on balance I consider it would be unfair to terminate the tenancy taking into account the circumstances in which the behaviour arose, and the notices were given.
[The tenant/s] gave candid and compelling evidence around the circumstances which led to his behaviour. It is not disputed that he was owed $800.00 by the landlord for a previous tenancy. He says that he was without hot water for the first 6 weeks of the tenancy and there were no gas bottles. He agrees he was agitated and angry because the landlord owed him money and there were some maintenance issues, but yet they wanted to enter the premises to do testing for methamphetamine. [The tenant/s] says he felt cornered as there was always at least 2 representatives from the landlord, an additional property manager from the head landlord arrived, and there were 2 different testing agents, all within one week. He was upfront that his behaviour was not acceptable, he has apologised to the landlord, and he apologised again at the hearing. I accept his evidence that he did not deny access to the premises and his dogs were tied up when requested. The landlord confirmed that they preferred to remove themselves rather than make a bad situation worse.
Both parties acknowledge that [The tenant/s] has been assisted by [The tenant’s support person/s] from the [redacted] organisation as an independent third party to help improve communications. A recent hui has taken place and the money owed to [The tenant/s] was paid the following day. A property inspection took place approximately 2 weeks ago without incident.
I have made it clear to [The tenant/s] that any aggressive and intimidating behaviour directed towards the landlord, or any testing agents or contractors is not acceptable and will not be tolerated. The landlord must be able to carry out their duties without fear or insults. However, I acknowledge that [The tenant/s] felt overwhelmed and cornered through the series of events and he reacted badly through anger. He acknowledges that he cannot speak to the landlord or anyone on behalf of the landlord in an aggressive way and he has agreed that [The tenant’s support person/s] will take the lead to help him in future.
Although I have declined to terminate the tenancy on this occasion, [The tenant/s] has been forewarned that any further anti-social behaviour will likely result in the immediate termination of his tenancy. [The tenant/s] acknowledges that the landlord may enter the premises for methamphetamine testing on the requisite notice and that he cannot deny entry. It is to be hoped that [The tenant’s support person/s] and [redacted] can continue to help [The tenant/s] navigate his interactions with the landlord.
The application is dismissed.
Given the sensitive nature of this application and the ongoing tenancy, I have exercised my discretion to apply name suppression for all parties involved.

Tenancy Tribunal case 4626987 — Harassment

At a glance

Tenancy Tribunal case 4626987 — Harassment

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions