What was Tenancy Tribunal case 4714133 about?

The tribunal order states: The tenancy of Tess Hemara at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4714133?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4714133?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4714133?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9617861-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4714133 about?

The tribunal order states: The tenancy of Tess Hemara at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4714133?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4714133?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4714133?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9617861-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4714133 — Harassment

Order

The tenancy of Tess Hemara at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 9:00am on Thursday 16 November 2023.

Reasons

The Tribunal must considers an application filed by the landlord, seeking to terminate the tenancy on the grounds of multiple episodes of antisocial behaviour. This is an application for termination under section 55A of the Residential Tenancies Act 1986 (RTA).
The tenancy agreement records that this is a periodic tenancy. The sole tenant is Tess Hemara.
During the tenancy there were a range of issues arise, which resulted in the landlord issuing breach notices in relation to anti-social behaviour, those are as follows: a. 28 September 2023Yelling and slamming doors. b. 3 October 2023Doors slamming and swearing. c. 12 October 2023Domestic fighting and cars coming and going over night, police called. d. 13 October 2023Domestic fighting, and yelling e. 16 October 2023Domestic fighting and yelling, police called. f. 19 October 2023Fighting and screaming, police called. g. 26 October 2023Domestic fighting, police called. h. 27 October 2023Domestic fighting, yelling and chattels thrown, police called.
On 16 October 2023 the landlord has applied to the Tribunal to order termination of the tenancy under section 55A of the Residential Tenancies Act 1986 (RTA).

PARTIES CASE

The landlord confirmed meeting with the tenant in order to try to settle behaviour at the tenancy, but confirmed that was not effective, and similarly the tenant did not wish to engage with the Tribunal process. The landlord seeks an order that the tenancy terminate, effective in seven days time. The landlord confirmed that they do not know of any application being filed by the tenant challenging the notices.
There was no appearance by the tenant, I do not know what position the tenant takes in this matter.

RELEVANT LAW

Section 55A of the Residential Tenancies Act 1986 (RTA), 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”.

ANALYSIS

The landlord has applied to the Tribunal for an order terminating the tenancy on the grounds of antisocial behaviour. This application is granted.
Prior to the application for termination being filed, there were multiple episodes of antisocial behaviour from the tenant, and I am satisfied that those episodes would meet the definition of ‘anti-social behaviour’ as set out above. What was described would reasonably cause more than minor alarm, distress or nuisance.
The tenant has not filed an application with the Tribunal challenging these notices, therefore the events are deemed to have occurred.
The notices comply with the statutory requirements held by the landlord.
I can see no basis upon which a discretion should be applied in declining to terminate the tenancy, therefore a termination is ordered.
As above the landlord has requested the tenant have seven days to vacate the premises.

Order

The tenancy of Tess Hemara at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 9:00am on Thursday 16 November 2023.

Reasons

The Tribunal must considers an application filed by the landlord, seeking to terminate the tenancy on the grounds of multiple episodes of antisocial behaviour. This is an application for termination under section 55A of the Residential Tenancies Act 1986 (RTA).
The tenancy agreement records that this is a periodic tenancy. The sole tenant is Tess Hemara.
During the tenancy there were a range of issues arise, which resulted in the landlord issuing breach notices in relation to anti-social behaviour, those are as follows: a. 28 September 2023Yelling and slamming doors. b. 3 October 2023Doors slamming and swearing. c. 12 October 2023Domestic fighting and cars coming and going over night, police called. d. 13 October 2023Domestic fighting, and yelling e. 16 October 2023Domestic fighting and yelling, police called. f. 19 October 2023Fighting and screaming, police called. g. 26 October 2023Domestic fighting, police called. h. 27 October 2023Domestic fighting, yelling and chattels thrown, police called.
On 16 October 2023 the landlord has applied to the Tribunal to order termination of the tenancy under section 55A of the Residential Tenancies Act 1986 (RTA).

PARTIES CASE

The landlord confirmed meeting with the tenant in order to try to settle behaviour at the tenancy, but confirmed that was not effective, and similarly the tenant did not wish to engage with the Tribunal process. The landlord seeks an order that the tenancy terminate, effective in seven days time. The landlord confirmed that they do not know of any application being filed by the tenant challenging the notices.
There was no appearance by the tenant, I do not know what position the tenant takes in this matter.

RELEVANT LAW

Section 55A of the Residential Tenancies Act 1986 (RTA), 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”.

ANALYSIS

The landlord has applied to the Tribunal for an order terminating the tenancy on the grounds of antisocial behaviour. This application is granted.
Prior to the application for termination being filed, there were multiple episodes of antisocial behaviour from the tenant, and I am satisfied that those episodes would meet the definition of ‘anti-social behaviour’ as set out above. What was described would reasonably cause more than minor alarm, distress or nuisance.
The tenant has not filed an application with the Tribunal challenging these notices, therefore the events are deemed to have occurred.
The notices comply with the statutory requirements held by the landlord.
I can see no basis upon which a discretion should be applied in declining to terminate the tenancy, therefore a termination is ordered.
As above the landlord has requested the tenant have seven days to vacate the premises.

Tenancy Tribunal case 4714133 — Harassment

At a glance

Tenancy Tribunal case 4714133 — Harassment

At a glance

Claims & awards

Order

Reasons

PARTIES CASE

RELEVANT LAW

ANALYSIS

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

PARTIES CASE

RELEVANT LAW

ANALYSIS

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions