What was Tenancy Tribunal case 4639154 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4639154?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4639154?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4639154?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9301397-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4639154 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4639154?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4639154?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4639154?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9301397-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4639154 — Harassment

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The tenancy of Jerry Hiroti at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s] immediately PROVIDED HOWEVER that this order is suspended on the condition that there is no further breach by the tenant comprising anti-social behaviour between today and 15 December 2023. .
If there is a further breach by the tenant that constitutes anti-social behaviour between the dates specified in order 2, the landlord may enforce the possession order immediately after the breach, or within 90 days of the breach.
This order will lapse at 11.59pm on Friday 15 December 2023.

Reasons

Both parties attended the hearing which I conducted by phone. Ms Pahau represented the tenant
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.
The landlord states that the anti-social behaviour is aggressive behaviour by the tenant towards another tenant, the support worker of another tenant and the landlord’s contractor, a locksmith.
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 considered the evidence presented by the parties as set out above and the submissions made on behalf of the tenant today.
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 by the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice. A previous notice is not relied upon.
I consider it would not be unfair to terminate the tenancy considering 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.

Should a conditional termination order be made?

Despite my finding that it would not be unfair to terminate the tenancy considering the circumstances in which the behaviour arose, and the notices were given, having heard the evidence I am satisfied the tenant is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
The parties agreed to the Tribunal making a conditional order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
The tenant is on notice that this order is a ‘last chance’ should he wish to preserve his tenancy. Any breach amounting to anti-social behaviour within the 4-month period specified will result in the tenancy ending, with no further application by the landlord required. Name suppression
The landlord applied for name suppression in the application. The landlord is entitled to a name suppression order as the application is successful. No order is made suppressing the tenant’s name.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The tenancy of Jerry Hiroti at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s] immediately PROVIDED HOWEVER that this order is suspended on the condition that there is no further breach by the tenant comprising anti-social behaviour between today and 15 December 2023. .
If there is a further breach by the tenant that constitutes anti-social behaviour between the dates specified in order 2, the landlord may enforce the possession order immediately after the breach, or within 90 days of the breach.
This order will lapse at 11.59pm on Friday 15 December 2023.

Reasons

Both parties attended the hearing which I conducted by phone. Ms Pahau represented the tenant
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.
The landlord states that the anti-social behaviour is aggressive behaviour by the tenant towards another tenant, the support worker of another tenant and the landlord’s contractor, a locksmith.
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 considered the evidence presented by the parties as set out above and the submissions made on behalf of the tenant today.
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 by the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice. A previous notice is not relied upon.
I consider it would not be unfair to terminate the tenancy considering 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.

Should a conditional termination order be made?

Despite my finding that it would not be unfair to terminate the tenancy considering the circumstances in which the behaviour arose, and the notices were given, having heard the evidence I am satisfied the tenant is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
The parties agreed to the Tribunal making a conditional order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
The tenant is on notice that this order is a ‘last chance’ should he wish to preserve his tenancy. Any breach amounting to anti-social behaviour within the 4-month period specified will result in the tenancy ending, with no further application by the landlord required. Name suppression
The landlord applied for name suppression in the application. The landlord is entitled to a name suppression order as the application is successful. No order is made suppressing the tenant’s name.

Tenancy Tribunal case 4639154 — Harassment

At a glance

Tenancy Tribunal case 4639154 — Harassment

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions