What was Tenancy Tribunal case 4692014 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 4692014?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4692014?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4692014?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9571967-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4692014 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 4692014?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4692014?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4692014?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9571967-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4692014 — Harassment

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord name and identifying details.
The tenancy of [The tenant] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 3pm on Friday 27 October 2023.
must pay immediately, being the filing fee on the application

Reasons

The landlord and tenant both attended the hearing, the tenant represented by a lawyer.
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 harassment, intimidating behaviour and abuse of neighbours, contractors and the landlord’s staff.
In support of the claim the landlord provided copies of the three notices as follows: a. Notice dated 21/6/2023 for events in November 2022, and May and June 2023. b. Notice dated 31/8/2023 for events on 30 and 31 August 2023. c. Notice dated 15/9/2023 for events on 30 August, and 5, 6 and 10 September 2023. d. Notice dated 20/10/2023 for an event on 15 October 2023.
In support of the application the landlord provided letters from three other tenants in the complex, a timeline of the contact with the tenant, correspondence between the parties and notes of meetings with other tenants.
On the other hand, the tenant disputed all the claims, except for the emails about the landlord which resulted in the second breach notice.
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 application to the Tribunal was filed on 22/9/2023, within the 28 day period from the final 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.
I have determined that the landlord has satisfied the burden of proof and 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 evidence provided by the landlord, in particular from the other tenants and emails to the staff member supports that the behaviour of the tenant was antisocial on numerous occasions.
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 find the notices given by the landlord comply with the requirements.
I am not persuaded by the contrary evidence given by the tenant, especially that difficulties only arose when the nearest neighbour moved in. This assertion is not supported by the timeline of events.
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.
As the landlord has succeeded with the application, I must award the filing fee.
Suppression is granted to the applicant because they were successful with the claim.
Pursuant to section 95A(4) I have also granted suppression to the tenant because I consider it is in her interests to do so.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord name and identifying details.
The tenancy of [The tenant] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 3pm on Friday 27 October 2023.
must pay immediately, being the filing fee on the application

Reasons

The landlord and tenant both attended the hearing, the tenant represented by a lawyer.
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 harassment, intimidating behaviour and abuse of neighbours, contractors and the landlord’s staff.
In support of the claim the landlord provided copies of the three notices as follows: a. Notice dated 21/6/2023 for events in November 2022, and May and June 2023. b. Notice dated 31/8/2023 for events on 30 and 31 August 2023. c. Notice dated 15/9/2023 for events on 30 August, and 5, 6 and 10 September 2023. d. Notice dated 20/10/2023 for an event on 15 October 2023.
In support of the application the landlord provided letters from three other tenants in the complex, a timeline of the contact with the tenant, correspondence between the parties and notes of meetings with other tenants.
On the other hand, the tenant disputed all the claims, except for the emails about the landlord which resulted in the second breach notice.
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 application to the Tribunal was filed on 22/9/2023, within the 28 day period from the final 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.
I have determined that the landlord has satisfied the burden of proof and 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 evidence provided by the landlord, in particular from the other tenants and emails to the staff member supports that the behaviour of the tenant was antisocial on numerous occasions.
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 find the notices given by the landlord comply with the requirements.
I am not persuaded by the contrary evidence given by the tenant, especially that difficulties only arose when the nearest neighbour moved in. This assertion is not supported by the timeline of events.
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.
As the landlord has succeeded with the application, I must award the filing fee.
Suppression is granted to the applicant because they were successful with the claim.
Pursuant to section 95A(4) I have also granted suppression to the tenant because I consider it is in her interests to do so.

Tenancy Tribunal case 4692014 — Harassment

At a glance

Tenancy Tribunal case 4692014 — 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