What was Tenancy Tribunal case 4675670 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4675670?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4675670?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4675670?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9552768-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4675670 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4675670?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4675670?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4675670?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9552768-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4675670 — Harassment

Tenantcheck Insights

Reasons

Both parties attended the hearing.

The landlord has applied to the Tribunal for an order terminating the 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, loud, abusive behaviour from the tenant’s partner who lives at the tenancy and also the tenant herself.

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.

At the hearing I advised that I was dismissing the application because the first and second notices were given at the same time on 17 July 2023. Therefore the tenant has not had three notices served on three separate occasions.

In fact, section 55A applies only to periodic tenancies. Because this is a fixed- term tenancy the Tribunal has no jurisdiction to terminate under this section.

The third notice, served on 4 September 2023 followed a police callout. The tenant must understand that it is not acceptable to continue to behave in the way she and her partner have been. The property manager has been trying to mediate disputes and assist all parties to live there. The tenant’s behaviour is unreasonable.

The landlord may find there is another basis upon which an application for termination can be made.

Because the tenant has been successful, I have suppressed her name.

Reasons

Both parties attended the hearing.

The landlord has applied to the Tribunal for an order terminating the 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, loud, abusive behaviour from the tenant’s partner who lives at the tenancy and also the tenant herself.

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.

In fact, section 55A applies only to periodic tenancies. Because this is a fixed- term tenancy the Tribunal has no jurisdiction to terminate under this section.

The landlord may find there is another basis upon which an application for termination can be made.

Because the tenant has been successful, I have suppressed her name.

Tenancy Tribunal case 4675670 — Harassment

At a glance

Tenancy Tribunal case 4675670 — Harassment

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions