How much money was awarded in case 4673695?

Filing Fee: $20.44 awarded to landlord; Property Damage: $596.85 awarded to landlord; Property Damage: $402.50 awarded to landlord

What type of tenancy dispute was case 4673695?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4673695?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9538797-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4673695?

Filing Fee: $20.44 awarded to landlord; Property Damage: $596.85 awarded to landlord; Property Damage: $402.50 awarded to landlord

What type of tenancy dispute was case 4673695?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4673695?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9538797-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4673695 — Property damage

Q: What was Tenancy Tribunal case 4673695 about?

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

Order

Claims and awards in Tenancy Tribunal application 4673695 — net $619.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$596.85	Window repairs
Repairs	$402.50	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$619.79
Total payable by Tenant to Landlord	$619.79

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 Damian David Scott at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59 pm Tuesday 31 October 2023.

The Bond Centre is to pay the bond of $400.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Damian David Scott must pay [The landlord/s] $619.79 immediately, calculated as shown in the table below: DescriptionLandlord Window repairs$596.85 Repairs$402.50 Filing fee reimbursement$20.44 Total award$1,019.79 Bond$400.00 Total payable by Tenant to Landlord$619.79

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.

The landlord has issued four notices to the tenant regarding anti-social behaviour: a. 17 July 2023 regarding the tenant’s behaviour on 14 July 2023 when he punched and kicked five holes in the lounge wall of his flat and wandering about the housing complex yelling and shouting while brandishing an axe handle. b. 24 August 2023 when the tenant came to the Office window yelling and swearing, threw items at the window, spitting on the window, following a support worker off the property and spitting on her car. c. 31 August 2023 when a contractor reported that he had gone to the property but left when the tenant “aggressively denied” him entry. d. 10 October 2023 when the tenant opened the door to the office, threw a key and other items at the landlord, hitting her in the face and then verbally threatening her.

The landlord provided a copy of an email received from the tenant on 12 October 2023 abusing her and stating “I am raise hell leave”. She advised that when she telephoned him that day, he told her that he was going to burn the flats down.

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 parties as set out above.

As advised at the hearing, 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 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.

The tenant accepted that he was responsible for the deliberate damage to a window and the holes in the walls. The landlord is entitled to compensation for those damages.

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4673695 — net $619.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$596.85	Window repairs
Repairs	$402.50	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$619.79
Total payable by Tenant to Landlord	$619.79

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 Damian David Scott at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59 pm Tuesday 31 October 2023.
The Bond Centre is to pay the bond of $400.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Damian David Scott must pay [The landlord/s] $619.79 immediately, calculated as shown in the table below: DescriptionLandlord Window repairs$596.85 Repairs$402.50 Filing fee reimbursement$20.44 Total award$1,019.79 Bond$400.00 Total payable by Tenant to Landlord$619.79

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.
The landlord has issued four notices to the tenant regarding anti-social behaviour: a. 17 July 2023 regarding the tenant’s behaviour on 14 July 2023 when he punched and kicked five holes in the lounge wall of his flat and wandering about the housing complex yelling and shouting while brandishing an axe handle. b. 24 August 2023 when the tenant came to the Office window yelling and swearing, threw items at the window, spitting on the window, following a support worker off the property and spitting on her car. c. 31 August 2023 when a contractor reported that he had gone to the property but left when the tenant “aggressively denied” him entry. d. 10 October 2023 when the tenant opened the door to the office, threw a key and other items at the landlord, hitting her in the face and then verbally threatening her.
The landlord provided a copy of an email received from the tenant on 12 October 2023 abusing her and stating “I am raise hell leave”. She advised that when she telephoned him that day, he told her that he was going to burn the flats down.
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 parties as set out above.
As advised at the hearing, 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 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.
The tenant accepted that he was responsible for the deliberate damage to a window and the holes in the walls. The landlord is entitled to compensation for those damages.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4673695 — Property damage

At a glance

Tenancy Tribunal case 4673695 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions