How much money was awarded in case 4635370?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4635370?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4635370?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9312365-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4635370?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4635370?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4635370?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9312365-Tenancy_Tribunal_Order.pdf.

Unit/Flat 108, 325 Victoria Avenue, Whanganui, Whanganui Tenancy Tribunal Case 4635370 — Harassment

Q: What was Tenancy Tribunal case 4635370 about?

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

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/Flat 108, 325 Victoria Avenue, Whanganui, Whanganui 4500 is terminated and possession is granted to Home In Place (New Zealand) Limited, today at 11.59 pm Friday 18 August 2023.

Reasons

The landlord attended the hearing.

The tenant did not attend 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.

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 issued the following notices which all comply with the formal requirements: a. Notice 25 May 2023 in relation to an incident on 22 May 2023 around 9.30 am when the tenant “threatened to inflict physical harm on another tenant” and spat in her face. b. Notice 4 July 2023 in relation to an incident on 27 June 2023 around 11 pm when the tenant entered the unit of another tenant and harassed her. The landlord advised that this incident is being investigated by the police. c. Notice 7 August 2023 in relation to an incident on 5 August 2023 around

48 am to 11.30 am which involved yelling, swearing and making threats of violence to other tenants.

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 or a person on the tenancy with the tenant’s permission. 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 consider it would not be unfair 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.

I cannot consider the impact on the tenant, in making an order for termination of the tenancy.

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/Flat 108, 325 Victoria Avenue, Whanganui, Whanganui 4500 is terminated and possession is granted to Home In Place (New Zealand) Limited, today at 11.59 pm Friday 18 August 2023.

Reasons

The landlord attended the hearing.
The tenant did not attend 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.
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 issued the following notices which all comply with the formal requirements: a. Notice 25 May 2023 in relation to an incident on 22 May 2023 around 9.30 am when the tenant “threatened to inflict physical harm on another tenant” and spat in her face. b. Notice 4 July 2023 in relation to an incident on 27 June 2023 around 11 pm when the tenant entered the unit of another tenant and harassed her. The landlord advised that this incident is being investigated by the police. c. Notice 7 August 2023 in relation to an incident on 5 August 2023 around
48 am to 11.30 am which involved yelling, swearing and making threats of violence to other tenants.
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 or a person on the tenancy with the tenant’s permission. 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 consider it would not be unfair 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.
I cannot consider the impact on the tenant, in making an order for termination of the tenancy.

Tenancy Tribunal case 4635370 — Harassment at Unit/Flat 108, 325 Victoria Avenue, Whanganui, Whanganui

At a glance

Claims & awards

Tenancy Tribunal case 4635370 — Harassment at Unit/Flat 108, 325 Victoria Avenue, Whanganui, Whanganui

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions