Published tribunal order
Tenancy Tribunal case 4694829 — Tenancy dispute
Decided 20 Dec 2023 · Published 20 Dec 2023 · Application 4694829
Party names are redacted in the official published order.
Order
- [The tenant/s] must pay [The landlord/s] the sum of $20.44 immediately, for the filing fee.
Reasons
- Both parties attended the hearing yesterday. The tenant, who I will call [The tenant/s], attended by telephone.
- The application was consolidated and heard together with applications 4745810 and 4642858. These applications relate to a neighbouring property rented to different tenants by the same landlord. There were mutual allegations of anti- social behaviour between [The tenant/s] and the tenant of the neighbouring property.
- On 25 September 2023 the landlord applied to terminate [The tenant/s]’s tenancy following notices to remedy alleging anti-social behaviour. The tenant moved out on 25 October 2023. The landlord confirmed at the hearing that no other order was sought against [The tenant/s], who spoke relating to the neighbour dispute.
- The landlord’s application for termination must be dismissed because the tenant has already vacated. However, I award the filing fee to the landlord. I am satisfied that it was reasonable for the landlord to apply to terminate the tenancy given the allegations made by both tenants. The landlord incurred the filing fee fulfilling its obligation to take all reasonable steps to ensure there was no breach of quiet enjoyment pursuant to section 45(1)(e) of the Residential Tenancies Act 1986.
- The landlord and tenant both requested name suppression. The landlord had grounds to apply for termination to resolve the situation. However, given that it has not been necessary to determine who was responsible for the anti-social behaviour, I have granted suppression to all parties.