How much money was awarded in case 4698570?

Filing Fee: $20.44 awarded to landlord; Property Damage: $144.81 awarded to landlord; Property Damage: $100.00 awarded to landlord; Rent Arrears: $165.14 awarded to landlord

What type of tenancy dispute was case 4698570?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4698570?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9550723-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4698570?

Filing Fee: $20.44 awarded to landlord; Property Damage: $144.81 awarded to landlord; Property Damage: $100.00 awarded to landlord; Rent Arrears: $165.14 awarded to landlord

What type of tenancy dispute was case 4698570?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4698570?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9550723-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4698570 — Property damage

Q: What was Tenancy Tribunal case 4698570 about?

The tribunal order states: Suppression of the tenancy address is ordered to protect the privacy of the

Order

Claims and awards in Tenancy Tribunal application 4698570 — net $158.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 October 2023	$165.14	Rent arrears to 19 October 2023
Window repairs	$144.81	Window repairs
Lock/key replacement	$100.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$158.39
Total payable by Tenant to Landlord	$158.39

Suppression of the tenancy address is ordered to protect the privacy of the landlord’s other tenants affected by the tenant’s actions.

The tenancy of Ethan Hayes at [Tenancy address suppressed] is terminated, and possession is granted to Otautahi Community Housing Trust, at 4pm on Thursday 19 October 2023.

The Bond Centre is to pay the bond of $158.39 ([Bond number suppressed]) to Otautahi Community Housing Trust immediately.

Ethan Hayes must pay Otautahi Community Housing Trust $158.39 immediately, calculated as shown in the table below.

Reasons

Mr Woodbury and Mr Olds attended the hearing for the landlord. The tenant is currently in custody, and he did not attend the hearing.

The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour by the tenant.

The relevant events all occurred at a social housing development in [City] where the landlord has numerous rental properties.

The landlord’s evidence, which included evidence given by Mr Woodbury and one of the other tenants at housing development and documentary evidence, is that the tenant’s anti-social behaviour consisted of leaving disturbing and unwanted items at the door of the flat occupied by one of the tenants, killing her cat and fighting with another of the tenants in public view.

Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied that, 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 Residential Tenancies Act 1986 (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 considered the evidence presented by the landlord and I find that the landlord has established that the tenant has engaged in anti-social behaviour in connection with the tenancy on three separate occasions. The landlord has served notices on the tenant as required by the Act, 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.

The landlord also claims rent arrears, compensation for damage to the premises, for lock changing and payment of the bond. The rent arrears were proved by the production of a rent statement. The tenant has admitted liability for the damage and lock changing and has been paying off his liability in instalments. The sums awarded are the balances remaining after deducting the tenant’s payments to date.

The landlord has succeeded and so the tenant must pay the filing fee.

The tenant’s actions have traumatised the other tenants directly affected by them. I have not identified any of the other tenants affected by the tenant’s actions and to protect their privacy I have suppressed the tenancy address. Armstrong 19 October 2023

Claims and awards in Tenancy Tribunal application 4698570 — net $158.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 October 2023	$165.14	Rent arrears to 19 October 2023
Window repairs	$144.81	Window repairs
Lock/key replacement	$100.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$158.39
Total payable by Tenant to Landlord	$158.39

Order

Suppression of the tenancy address is ordered to protect the privacy of the landlord’s other tenants affected by the tenant’s actions.
The tenancy of Ethan Hayes at [Tenancy address suppressed] is terminated, and possession is granted to Otautahi Community Housing Trust, at 4pm on Thursday 19 October 2023.
The Bond Centre is to pay the bond of $158.39 ([Bond number suppressed]) to Otautahi Community Housing Trust immediately.
Ethan Hayes must pay Otautahi Community Housing Trust $158.39 immediately, calculated as shown in the table below.

Reasons

Mr Woodbury and Mr Olds attended the hearing for the landlord. The tenant is currently in custody, and he did not attend the hearing.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour by the tenant.
The relevant events all occurred at a social housing development in [City] where the landlord has numerous rental properties.
The landlord’s evidence, which included evidence given by Mr Woodbury and one of the other tenants at housing development and documentary evidence, is that the tenant’s anti-social behaviour consisted of leaving disturbing and unwanted items at the door of the flat occupied by one of the tenants, killing her cat and fighting with another of the tenants in public view.
Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied that, 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 Residential Tenancies Act 1986 (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 considered the evidence presented by the landlord and I find that the landlord has established that the tenant has engaged in anti-social behaviour in connection with the tenancy on three separate occasions. The landlord has served notices on the tenant as required by the Act, 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.
The landlord also claims rent arrears, compensation for damage to the premises, for lock changing and payment of the bond. The rent arrears were proved by the production of a rent statement. The tenant has admitted liability for the damage and lock changing and has been paying off his liability in instalments. The sums awarded are the balances remaining after deducting the tenant’s payments to date.
The landlord has succeeded and so the tenant must pay the filing fee.
The tenant’s actions have traumatised the other tenants directly affected by them. I have not identified any of the other tenants affected by the tenant’s actions and to protect their privacy I have suppressed the tenancy address. Armstrong 19 October 2023

Tenancy Tribunal case 4698570 — Property damage

At a glance

Tenancy Tribunal case 4698570 — 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