What was Tenancy Tribunal case 4696990 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 4696990?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4696990?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4696990?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9518086-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4696990 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 4696990?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4696990?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4696990?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9518086-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4696990 — Harassment

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlords name and identifying details.
The tenancy of Alyssa White-Stormont and Tessa Clout at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.

Reasons

The Tribunal must consider an application filed by the landlord to terminate the tenancy on the grounds of anti-social behaviour at the tenancy.
The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”), and in particular section 55A.
Both parties appeared at the hearing, albeit only one tenant, Ms Clout appeared from the two co-tenants.
The landlord has applied to terminate the tenancy on the grounds of anti-social behaviour. The landlord refers to the three breach notices issued as follows: a. Notice 1 (15 September 2023) (i) The tenants or authorized invitees specific anti-social behavior was: Disruption of peaceful enjoyment to neighbors by loud noise including loud music and yelling late at night. (ii) It occurred approximately at 6th, 8th, 9th of September, all hours of the night, at 9C/117 Victoria Street. (iii) This is the First Notice about anti-social behavior served on you in connection with this periodic tenancy and the 90 day period commencing on 15/09/2023 (iv) Take Notice: that you have the right to challenge this notice by making application to the Tenancy Tribunal. b. Notice 2 (19 September 2023) (i) The tenants or authorized invitees specific anti-social behavior was: Disruption of peaceful enjoyment to neighbors by loud noise including loud music and yelling late at night. (ii) It occurred approximately at 11th and 13th of September, all hours of the night, at 9C/117 Victoria Street. (iii) This is the Second Notice about anti-social behavior served on you. The landlord has served one previous notice on you for anti-social behavior in connection with this periodic tenancy and the 90 day period commencing on 15/09/2023. (iv) Take Notice: that you have the right to challenge this notice by making application to the Tenancy Tribunal. The authority to make such an application is S.77(1) & S.78(1)(a) Residential Tenancies Act 1986 c. Notice 3 (22 September 2023) (i) The tenants or authorized invitees specific anti-social behavior was: Disruption of peaceful enjoyment to neighbors by loud noise including loud music and yelling late at night. Also yelling and swearing from balcony to somebody below on footpath. (ii) It occurred approximately at 21st of September, all hours of the night, at 9C/117 Victoria Street. (iii) This is the Third Notice about anti-social behavior served on you. The landlord has served two previous notices on you for anti-social behavior in connection with this periodic tenancy and the 90 day period commencing on 15/09/2023. (iv) Take Notice: that you have the right to challenge this notice by making application to the Tenancy Tribunal. The authority to make such an application is S.77(1) & S.78(1)(a) Residential Tenancies Act 1986
The tenants have not filed any application with the Tribunal seeking to challenge these notices.
On 27 September 2023 the landlord applied to terminate the tenancy on the grounds of anti-social behaviour. Position of the parties
The landlord seeks termination of the tenancy, on the ground that there has been three episodes of anti-social behaviour meeting the statutory requirements for termination. The landlord states there have been multiple complaints from others living in the apartment complex, and that the tenancy should be terminated given the level of noise and disruption that would at times be late into the night.
Ms Clout advised that all breach notices related to events when she was not at home in the premises, because she was at work at the time. Ms Clout says that the instigator was her cousin who was staying at the premises at the time. Ms Clout did not otherwise deny that the events occurred. Analysis
The landlord has applied to terminate the tenancy on the grounds of the tenants engaging in three episodes of anti-social behaviour at the premises. In fact there are multiple days of anti-social behaviour claimed, but three notices were issued.
This is an application under section 55A of the RTA. Section 55A confirms that a landlord can apply to the Tribunal for an order terminating a periodic tenancy on the ground of anti-social behaviour, when: a. There has been 3 separate occasions of anti-social behaviour in connection with the premises, within 90 days. b. On each occasion the landlord has given the tenant a notice that: i. Describes the specific behaviour; and ii. Advised of the date and approximate location it occurred; and iii. Stating how many notices had been given; and iv. Advising the tenant of a right to challenge the notice in this Tribunal. c. The landlord’s application to terminate the tenancy must be within 28 days of the third notice.
Anti-social behaviour is defined in this section as follows: (7) In this section, anti-social behaviour means— (a) harassment; or (b) any other act or omission (whether intentional or not), if the act or omission reasonably causes alarm, distress, or nuisance that is more than minor.
However the Tribunal cannot make a termination order if in the circumstances of how the behaviour occurred, or the notices were given, it would be unfair to terminate, or if the landlord was issuing the notice in a retaliatory way, because the tenant was asserting some right or ability in relation to the tenancy.
The Act confirms that the Tribunal “must not take into account the impact that terminating the tenancy would have on the tenant”.
As I indicated to the parties at the hearing, this case would turn on the question of whether the behaviour met the definition I have set out above of being anti-social behaviour for the purpose of section 55A, and I find it does.
Firstly, section 55A(2)(a) confirms that the anti-social behaviour must relate to behaviour from the tenant or “a person in the premises with the tenants permission”. The evidence is that the tenants cousin was in the premises with the tenants permission, so meets that criteria.
Secondly, on the basis of the information on the notice, and advised to the Tribunal during the hearing, I accept that the behaviour would have caused alarm, distress or nuisance that is more than minor. The behaviour described would reasonably cause significant disruption to apartment residents and would fall within that definition.
In the circumstances of this case I have determined that the evidence favours a conclusion that the tenancy must be terminated for these reasons: d. There has been (at least) three episodes of anti-social behaviour as defined in the RTA, and those have occurred within a 90 day period. e. The tenant has not disputed the notices, which she had a right to do under section 55A by way of an application to the Tenancy Tribunal. f. The three notices issued by the landlord comply with the content required under section 55A. g. The landlord has applied to terminate within 28 days of the third event. h. There is no evidence to suggest any unfairness would arise in the circumstances. i. The tenant said she did open her emails and see the notices after they had been sent. That is unfortunate, because the law does not require that the tenant open her emails for the notices to be served on her, only to have been delivered which I accept the notices were.
Given the landlord has established grounds to terminate the tenancy, the Tribunal orders termination with immediate effect.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlords name and identifying details.
The tenancy of Alyssa White-Stormont and Tessa Clout at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.

Reasons

The Tribunal must consider an application filed by the landlord to terminate the tenancy on the grounds of anti-social behaviour at the tenancy.
The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”), and in particular section 55A.
Both parties appeared at the hearing, albeit only one tenant, Ms Clout appeared from the two co-tenants.
The landlord has applied to terminate the tenancy on the grounds of anti-social behaviour. The landlord refers to the three breach notices issued as follows: a. Notice 1 (15 September 2023) (i) The tenants or authorized invitees specific anti-social behavior was: Disruption of peaceful enjoyment to neighbors by loud noise including loud music and yelling late at night. (ii) It occurred approximately at 6th, 8th, 9th of September, all hours of the night, at 9C/117 Victoria Street. (iii) This is the First Notice about anti-social behavior served on you in connection with this periodic tenancy and the 90 day period commencing on 15/09/2023 (iv) Take Notice: that you have the right to challenge this notice by making application to the Tenancy Tribunal. b. Notice 2 (19 September 2023) (i) The tenants or authorized invitees specific anti-social behavior was: Disruption of peaceful enjoyment to neighbors by loud noise including loud music and yelling late at night. (ii) It occurred approximately at 11th and 13th of September, all hours of the night, at 9C/117 Victoria Street. (iii) This is the Second Notice about anti-social behavior served on you. The landlord has served one previous notice on you for anti-social behavior in connection with this periodic tenancy and the 90 day period commencing on 15/09/2023. (iv) Take Notice: that you have the right to challenge this notice by making application to the Tenancy Tribunal. The authority to make such an application is S.77(1) & S.78(1)(a) Residential Tenancies Act 1986 c. Notice 3 (22 September 2023) (i) The tenants or authorized invitees specific anti-social behavior was: Disruption of peaceful enjoyment to neighbors by loud noise including loud music and yelling late at night. Also yelling and swearing from balcony to somebody below on footpath. (ii) It occurred approximately at 21st of September, all hours of the night, at 9C/117 Victoria Street. (iii) This is the Third Notice about anti-social behavior served on you. The landlord has served two previous notices on you for anti-social behavior in connection with this periodic tenancy and the 90 day period commencing on 15/09/2023. (iv) Take Notice: that you have the right to challenge this notice by making application to the Tenancy Tribunal. The authority to make such an application is S.77(1) & S.78(1)(a) Residential Tenancies Act 1986
The tenants have not filed any application with the Tribunal seeking to challenge these notices.
On 27 September 2023 the landlord applied to terminate the tenancy on the grounds of anti-social behaviour. Position of the parties
The landlord seeks termination of the tenancy, on the ground that there has been three episodes of anti-social behaviour meeting the statutory requirements for termination. The landlord states there have been multiple complaints from others living in the apartment complex, and that the tenancy should be terminated given the level of noise and disruption that would at times be late into the night.
Ms Clout advised that all breach notices related to events when she was not at home in the premises, because she was at work at the time. Ms Clout says that the instigator was her cousin who was staying at the premises at the time. Ms Clout did not otherwise deny that the events occurred. Analysis
The landlord has applied to terminate the tenancy on the grounds of the tenants engaging in three episodes of anti-social behaviour at the premises. In fact there are multiple days of anti-social behaviour claimed, but three notices were issued.
This is an application under section 55A of the RTA. Section 55A confirms that a landlord can apply to the Tribunal for an order terminating a periodic tenancy on the ground of anti-social behaviour, when: a. There has been 3 separate occasions of anti-social behaviour in connection with the premises, within 90 days. b. On each occasion the landlord has given the tenant a notice that: i. Describes the specific behaviour; and ii. Advised of the date and approximate location it occurred; and iii. Stating how many notices had been given; and iv. Advising the tenant of a right to challenge the notice in this Tribunal. c. The landlord’s application to terminate the tenancy must be within 28 days of the third notice.
Anti-social behaviour is defined in this section as follows: (7) In this section, anti-social behaviour means— (a) harassment; or (b) any other act or omission (whether intentional or not), if the act or omission reasonably causes alarm, distress, or nuisance that is more than minor.
However the Tribunal cannot make a termination order if in the circumstances of how the behaviour occurred, or the notices were given, it would be unfair to terminate, or if the landlord was issuing the notice in a retaliatory way, because the tenant was asserting some right or ability in relation to the tenancy.
The Act confirms that the Tribunal “must not take into account the impact that terminating the tenancy would have on the tenant”.
As I indicated to the parties at the hearing, this case would turn on the question of whether the behaviour met the definition I have set out above of being anti-social behaviour for the purpose of section 55A, and I find it does.
Firstly, section 55A(2)(a) confirms that the anti-social behaviour must relate to behaviour from the tenant or “a person in the premises with the tenants permission”. The evidence is that the tenants cousin was in the premises with the tenants permission, so meets that criteria.
Secondly, on the basis of the information on the notice, and advised to the Tribunal during the hearing, I accept that the behaviour would have caused alarm, distress or nuisance that is more than minor. The behaviour described would reasonably cause significant disruption to apartment residents and would fall within that definition.
In the circumstances of this case I have determined that the evidence favours a conclusion that the tenancy must be terminated for these reasons: d. There has been (at least) three episodes of anti-social behaviour as defined in the RTA, and those have occurred within a 90 day period. e. The tenant has not disputed the notices, which she had a right to do under section 55A by way of an application to the Tenancy Tribunal. f. The three notices issued by the landlord comply with the content required under section 55A. g. The landlord has applied to terminate within 28 days of the third event. h. There is no evidence to suggest any unfairness would arise in the circumstances. i. The tenant said she did open her emails and see the notices after they had been sent. That is unfortunate, because the law does not require that the tenant open her emails for the notices to be served on her, only to have been delivered which I accept the notices were.
Given the landlord has established grounds to terminate the tenancy, the Tribunal orders termination with immediate effect.

Tenancy Tribunal case 4696990 — Harassment

At a glance

Tenancy Tribunal case 4696990 — 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