What was Tenancy Tribunal case 4711009 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 4711009?

Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4711009?

The dispute type was not classified.

Where can I read the official tribunal order for case 4711009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9626591-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4711009 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 4711009?

Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4711009?

The dispute type was not classified.

Where can I read the official tribunal order for case 4711009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9626591-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4711009 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4711009 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Total payable by Tenant to Landlord	$20.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The tenancy of Gayleen Chase at [Tenancy address suppressed] is terminated, and possession is granted to, the applicants at 11:59pm on Thursday 9th November 2023
Gayleen Chase must pay the applicants $20.44 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing. The tenant appeared by phone as she was too unwell to attend in person.
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: a. Allowing an unauthorised person to use the tenant’s swipe card to access the courier cupboard, steal its contents and assisting the offender at the tenant’s apartment causing distress and nuisance to other tenants (Notice 1 issued on 15 September 2023); b. Allowing visitors to bring stolen property to the tenant’s apartment, leaving some of it in the stairwell, creating a nuisance to other tenants, an obstruction and a fire hazard (Notice 2 issued on on 21 September 2023); c. Leaving large bags of rubbish in common areas of the building such as 4 to 5 bags in the fire escape, and 1 bag outside the apartment, which created an obstruction and a fire hazard Notice 3 issued on 9 October 2023; and d. Armed Police attending the apartment to apprehend an offender, whom you identified your cousin, that had come to your apartment after engaging in domestic violence and causing alarm, distress and significant disturbance to the other tenants in the building (Notice 4 issued on 3 November 2023.
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.
The tenant confirmed that: a. The conduct complained of by the landlord did occur, as recorded in the four notices; b. She informed the landlord of the identity of the offender that was involved in the conduct complained of in notices 1 and 2 and is aware the Police are investigating the matters; c. Some friends had come to assist her to clean up the apartment and had not known where to place the rubbish that resulted in notice 3. She had not been clear with them where the rubbish needed to be left; and d. Her cousin, who had hit his partner, came to her home as he felt safe there and that she had not let him in, someone else had let him into the building and he just turned up at her apartment unannounced. Armed Police then raided the building and came to her apartment. She argued he was not in the building with her permission but accepted she let him into her apartment and that resulted in some distress to her neighbouring tenants; and e. She understood how the incidents complained of had caused alarm, distress or nuisance to her fellow tenants, for which she apologised.
I have considered the evidence presented by the parties as set out above.
I have determined that the landlord has 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 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 consider it would not be unfair to terminate the tenancy considering 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.
Because the applicants have wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4711009 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Total payable by Tenant to Landlord	$20.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The tenancy of Gayleen Chase at [Tenancy address suppressed] is terminated, and possession is granted to, the applicants at 11:59pm on Thursday 9th November 2023
Gayleen Chase must pay the applicants $20.44 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing. The tenant appeared by phone as she was too unwell to attend in person.
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: a. Allowing an unauthorised person to use the tenant’s swipe card to access the courier cupboard, steal its contents and assisting the offender at the tenant’s apartment causing distress and nuisance to other tenants (Notice 1 issued on 15 September 2023); b. Allowing visitors to bring stolen property to the tenant’s apartment, leaving some of it in the stairwell, creating a nuisance to other tenants, an obstruction and a fire hazard (Notice 2 issued on on 21 September 2023); c. Leaving large bags of rubbish in common areas of the building such as 4 to 5 bags in the fire escape, and 1 bag outside the apartment, which created an obstruction and a fire hazard Notice 3 issued on 9 October 2023; and d. Armed Police attending the apartment to apprehend an offender, whom you identified your cousin, that had come to your apartment after engaging in domestic violence and causing alarm, distress and significant disturbance to the other tenants in the building (Notice 4 issued on 3 November 2023.
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.
The tenant confirmed that: a. The conduct complained of by the landlord did occur, as recorded in the four notices; b. She informed the landlord of the identity of the offender that was involved in the conduct complained of in notices 1 and 2 and is aware the Police are investigating the matters; c. Some friends had come to assist her to clean up the apartment and had not known where to place the rubbish that resulted in notice 3. She had not been clear with them where the rubbish needed to be left; and d. Her cousin, who had hit his partner, came to her home as he felt safe there and that she had not let him in, someone else had let him into the building and he just turned up at her apartment unannounced. Armed Police then raided the building and came to her apartment. She argued he was not in the building with her permission but accepted she let him into her apartment and that resulted in some distress to her neighbouring tenants; and e. She understood how the incidents complained of had caused alarm, distress or nuisance to her fellow tenants, for which she apologised.
I have considered the evidence presented by the parties as set out above.
I have determined that the landlord has 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 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 consider it would not be unfair to terminate the tenancy considering 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.
Because the applicants have wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4711009 — Tenancy dispute

At a glance

Tenancy Tribunal case 4711009 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions