What was Tenancy Tribunal case 4713329 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 4713329?

Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4713329?

The dispute type was not classified.

Where can I read the official tribunal order for case 4713329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9594850-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4713329 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 4713329?

Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4713329?

The dispute type was not classified.

Where can I read the official tribunal order for case 4713329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9594850-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4713329 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4713329 — 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	18. I have granted name suppression and suppression of all identifying details in this order for the following reasons: a.
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 both the Tenant and the Landlord’s name and identifying details.
The tenancy of [The respondent/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59pm on Friday 1 December 2023.
If the tenant wishes to vacate the fixed term tenancy earlier than 1 December 2023, the landlord will accept three days’ written notice of earlier termination of tenancy and not require the tenant to pay any of the additional costs outlined in the tenancy agreement for early termination of the fixed term tenancy.
The tenant must immediately pay the landlord $20.44, calculated as shown in the table below:

Reasons

Both parties attended the hearing.
The landlord has applied for immediate termination of the tenancy because: a. the tenant’s 8-year-old son threatened to assault another tenant’s child with a knife he was holding in his hand at the time of the threat; and b. the conduct the tenant’s children engaged in that interfered with the reasonable peace, comfort, or privacy of some of the landlord’s other tenants in the use of the premises occupied by those other tenants, and with the reasonable peace, comfort, or privacy of other persons residing in the neighbourhood. Background
The tenant has a one-year fixed term tenancy that commenced on 24 May 2023.
The tenant provided evidence to the Tribunal she is a victim of serious domestic violence, that her elder child was forced to participate in some of the acts of domestic violence against her and that her other two children have witnessed this domestic violence. Further, she provided evidence that after her estranged husband was convicted of domestic violence, she and her 3 sons have faced considerable challenges forging a new life, finding accommodation, and taking steps to address the harm caused to all of them by their abuser.
The tenant and her children had been in and out of woman’s refuge facilities for over a year prior to finding their current home. The tenant had hoped a stable home would form the basis of a new beginning for her and the children. Unfortunately, her eldest son has been acting out because of being separated from his father and because of what he witnessed and was forced to participate in. He was described as expressing his anger and frustration in the behaviours complained of by several tenants in the 70 unit complex and another property manager that manages several of the other units.
The tenant provided evidence that she had been active in trying to get the support and help both she and her son requires to address the boy’s troubling behaviour. The boy is receiving professional counselling to help him to manage his anger issues. She also gave evidence that she had relocated her three children somewhere safe while she sought more suitable rental accommodation for their needs. She requested reasonable time to find such accommodation.
The tenant also gave evidence that the graffiti on the window of her unit was done, on 26 October 2023, by a neighbouring tenant that lives in the complex in retaliation for the tenant calling the Police to remove her from the premises on 25 October 2023. The tenant’s neighbour had been invited over for drinks and became loud, intoxicated, abusive, threatening and was causing damage to the tenant’s personal property. The tenant asked her to leave and when she would not the Police were called to remove her. This was the first time the tenant had invited the neighbouring tenant to her home, and it was not reasonably foreseeable that the woman would engage in this type of conduct.
The tenant also denied being verbally abusive to neighbouring tenants, who she claims never came to her to discuss their concerns about her son’s inappropriate conduct. She accepted her son’s conduct was inappropriate and reiterated that she was trying hard to appropriately manage it. She accepted that at times she had to call the Police to assist her to manage her son when he started acting out and she considered the support she was receiving from the Police to be helpful to her and her son. She was saddened that the neighbouring tenants considered the Police presence to be negative and confirmation that she was being a bad mother and/or putting her children at risk.

Should the tenancy be terminated?

Section 40(2)(c) of the Residential Tenancies Act 1986 (“the Act”) states “the tenant shall not- cause or permit any interference with the reasonable peace, comfort, or privacy of any of the landlord’s other tenants in the use of the premises occupied by those other tenants, or with the reasonable peace, comfort, or privacy of any other person residing in the neighbourhood”.
Section 55(1)(c)(iv) and (v) of the Act states “Subject to subsection (2), on any application made to it under this section by the landlord, the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that the tenant has assaulted, or has threatened to assault, or has caused or permitted any person to assault, or to threaten to assault, any of the following persons:... (iv) any occupier of any building of which the premises constitute a part: (v) any neighbour of the premises or of any building of which the premises constitute a part”.
Section 55(2) of the Act states “The Tribunal may refuse to make an order under subsection (1) if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies”.
It is not disputed that the 8-year-old son of the tenant has engaged in conduct that interfered with the reasonable peace, comfort, or privacy of some of the landlord’s 45 other tenants in their use of the premises they occupy and with the reasonable peace, comfort, or privacy of other persons residing in the complex and the neighbourhood. What was disputed was some of the incidents complained of. It was also not disputed that the tenant’s 8-year-old had threatened the child of another tenant with a knife.
The tenant and her support person provided evidence that the tenant has taken the extreme measure of relocating her three children to a family member’s place until she can find more suitable accommodation for them, and she has no intention of bringing the children back to the complex as she considers it unsafe for them and neighbouring tenants. In addition, she is clearly committed to continuing to ensure her older son gets the counselling he needs to manage his anger and frustration more appropriately.
The tenant also confirmed to the Tribunal that if she is given reasonable time to find new accommodation, she will: a. not engage with the neighbouring tenant that caused the damage to the outside of her unit when she was not at home on 26 October 2023; b. Provide whatever evidence she has to the property manager about the retaliatory graffiti done by the neighbouring tenant and the conduct that left eggs stains on the front of the unit and rubbish/broken glass out the front of the tenant’s unit, including a copy of the Police report; and c. Not engage with other tenants until she moves out to mitigate the risk of further quiet enjoyment complaints being made to the property manager, owner and body corporate.
After taking all the above circumstances into consideration, I do not consider it to be equitable to order immediate termination of the tenancy. The tenant has taken all reasonably practicable steps to remedy any breaches of the Act and her tenancy agreement, including removing her children from the premises until she can move and that it is unlikely the tenant or her children will commit any further such breaches.
Conversely, I consider that the breaches of sections 40(2)(c) and 55(1)(c)(iv) and (v) of the Act, one of which was a serious threatened assault to another minor that lives in the complex, are of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy.
On balance, I find it equitable in all the circumstances to terminate the tenancy on 1 December 2023, which is one month from the date of this order. Name Suppression
I have granted name suppression and suppression of all identifying details in this order for the following reasons: a. There are underlying domestic violence issues that led to the matters described in this order and it would further victimise the tenant and her sons if her name or identifying details were published; b. The tenant and her childrens safety may be put at risk if her name and identifying details of her place of residence were published; c. It would cause prejudice to the tenant and her sons if her and landlord identifying details were published as it may impact on her ability to find suitable alternative accommodation and prolong her separation from her already traumatised children; and d. It is fair and just to do so in all the circumstances. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4713329 — 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	18. I have granted name suppression and suppression of all identifying details in this order for the following reasons: a.
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 both the Tenant and the Landlord’s name and identifying details.
The tenancy of [The respondent/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59pm on Friday 1 December 2023.
If the tenant wishes to vacate the fixed term tenancy earlier than 1 December 2023, the landlord will accept three days’ written notice of earlier termination of tenancy and not require the tenant to pay any of the additional costs outlined in the tenancy agreement for early termination of the fixed term tenancy.
The tenant must immediately pay the landlord $20.44, calculated as shown in the table below:

Reasons

Both parties attended the hearing.
The landlord has applied for immediate termination of the tenancy because: a. the tenant’s 8-year-old son threatened to assault another tenant’s child with a knife he was holding in his hand at the time of the threat; and b. the conduct the tenant’s children engaged in that interfered with the reasonable peace, comfort, or privacy of some of the landlord’s other tenants in the use of the premises occupied by those other tenants, and with the reasonable peace, comfort, or privacy of other persons residing in the neighbourhood. Background
The tenant has a one-year fixed term tenancy that commenced on 24 May 2023.
The tenant provided evidence to the Tribunal she is a victim of serious domestic violence, that her elder child was forced to participate in some of the acts of domestic violence against her and that her other two children have witnessed this domestic violence. Further, she provided evidence that after her estranged husband was convicted of domestic violence, she and her 3 sons have faced considerable challenges forging a new life, finding accommodation, and taking steps to address the harm caused to all of them by their abuser.
The tenant and her children had been in and out of woman’s refuge facilities for over a year prior to finding their current home. The tenant had hoped a stable home would form the basis of a new beginning for her and the children. Unfortunately, her eldest son has been acting out because of being separated from his father and because of what he witnessed and was forced to participate in. He was described as expressing his anger and frustration in the behaviours complained of by several tenants in the 70 unit complex and another property manager that manages several of the other units.
The tenant provided evidence that she had been active in trying to get the support and help both she and her son requires to address the boy’s troubling behaviour. The boy is receiving professional counselling to help him to manage his anger issues. She also gave evidence that she had relocated her three children somewhere safe while she sought more suitable rental accommodation for their needs. She requested reasonable time to find such accommodation.
The tenant also gave evidence that the graffiti on the window of her unit was done, on 26 October 2023, by a neighbouring tenant that lives in the complex in retaliation for the tenant calling the Police to remove her from the premises on 25 October 2023. The tenant’s neighbour had been invited over for drinks and became loud, intoxicated, abusive, threatening and was causing damage to the tenant’s personal property. The tenant asked her to leave and when she would not the Police were called to remove her. This was the first time the tenant had invited the neighbouring tenant to her home, and it was not reasonably foreseeable that the woman would engage in this type of conduct.
The tenant also denied being verbally abusive to neighbouring tenants, who she claims never came to her to discuss their concerns about her son’s inappropriate conduct. She accepted her son’s conduct was inappropriate and reiterated that she was trying hard to appropriately manage it. She accepted that at times she had to call the Police to assist her to manage her son when he started acting out and she considered the support she was receiving from the Police to be helpful to her and her son. She was saddened that the neighbouring tenants considered the Police presence to be negative and confirmation that she was being a bad mother and/or putting her children at risk.

Should the tenancy be terminated?

Section 40(2)(c) of the Residential Tenancies Act 1986 (“the Act”) states “the tenant shall not- cause or permit any interference with the reasonable peace, comfort, or privacy of any of the landlord’s other tenants in the use of the premises occupied by those other tenants, or with the reasonable peace, comfort, or privacy of any other person residing in the neighbourhood”.
Section 55(1)(c)(iv) and (v) of the Act states “Subject to subsection (2), on any application made to it under this section by the landlord, the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that the tenant has assaulted, or has threatened to assault, or has caused or permitted any person to assault, or to threaten to assault, any of the following persons:... (iv) any occupier of any building of which the premises constitute a part: (v) any neighbour of the premises or of any building of which the premises constitute a part”.
Section 55(2) of the Act states “The Tribunal may refuse to make an order under subsection (1) if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies”.
It is not disputed that the 8-year-old son of the tenant has engaged in conduct that interfered with the reasonable peace, comfort, or privacy of some of the landlord’s 45 other tenants in their use of the premises they occupy and with the reasonable peace, comfort, or privacy of other persons residing in the complex and the neighbourhood. What was disputed was some of the incidents complained of. It was also not disputed that the tenant’s 8-year-old had threatened the child of another tenant with a knife.
The tenant and her support person provided evidence that the tenant has taken the extreme measure of relocating her three children to a family member’s place until she can find more suitable accommodation for them, and she has no intention of bringing the children back to the complex as she considers it unsafe for them and neighbouring tenants. In addition, she is clearly committed to continuing to ensure her older son gets the counselling he needs to manage his anger and frustration more appropriately.
The tenant also confirmed to the Tribunal that if she is given reasonable time to find new accommodation, she will: a. not engage with the neighbouring tenant that caused the damage to the outside of her unit when she was not at home on 26 October 2023; b. Provide whatever evidence she has to the property manager about the retaliatory graffiti done by the neighbouring tenant and the conduct that left eggs stains on the front of the unit and rubbish/broken glass out the front of the tenant’s unit, including a copy of the Police report; and c. Not engage with other tenants until she moves out to mitigate the risk of further quiet enjoyment complaints being made to the property manager, owner and body corporate.
After taking all the above circumstances into consideration, I do not consider it to be equitable to order immediate termination of the tenancy. The tenant has taken all reasonably practicable steps to remedy any breaches of the Act and her tenancy agreement, including removing her children from the premises until she can move and that it is unlikely the tenant or her children will commit any further such breaches.
Conversely, I consider that the breaches of sections 40(2)(c) and 55(1)(c)(iv) and (v) of the Act, one of which was a serious threatened assault to another minor that lives in the complex, are of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy.
On balance, I find it equitable in all the circumstances to terminate the tenancy on 1 December 2023, which is one month from the date of this order. Name Suppression
I have granted name suppression and suppression of all identifying details in this order for the following reasons: a. There are underlying domestic violence issues that led to the matters described in this order and it would further victimise the tenant and her sons if her name or identifying details were published; b. The tenant and her childrens safety may be put at risk if her name and identifying details of her place of residence were published; c. It would cause prejudice to the tenant and her sons if her and landlord identifying details were published as it may impact on her ability to find suitable alternative accommodation and prolong her separation from her already traumatised children; and d. It is fair and just to do so in all the circumstances. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4713329 — Tenancy dispute

At a glance

Tenancy Tribunal case 4713329 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions