What was Tenancy Tribunal case 4719689 about?

The tribunal order states: The tenancy of Jocelyn Glenice Elise Curtis at [Tenancy address suppressed] is

How much money was awarded in case 4719689?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4719689?

The primary dispute was 14-day notice. Related themes: Harassment.

Where can I read the official tribunal order for case 4719689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9898206-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4719689 about?

The tribunal order states: The tenancy of Jocelyn Glenice Elise Curtis at [Tenancy address suppressed] is

How much money was awarded in case 4719689?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4719689?

The primary dispute was 14-day notice. Related themes: Harassment.

Where can I read the official tribunal order for case 4719689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9898206-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4719689 — 14-day notice

Reasons

The landlord’s representative and the tenant attended the hearing today.

The landlord has made an application to terminate the tenancy.

The reasons for the application are:- a. That the tenant permitted her [adult son] to live at the premises when the tenancy agreement only allowed two occupants and the landlord had previously declined consent for him to live there; and b. [Adult son] has caused substantial damage to the premises, and c. [Adult son] has threatened to cause more substantial damage to the premises, and d. [Adult son] has threatened to assault the landlord, the tenant, and neighbours.

The law says that if I am satisfied that someone who the tenant allowed to be at the premises caused substantial damage or threatened to assault the landlord, or to cause more substantial damage to the premises, then I must terminate the tenancy. Section 55(1)(b) and (c) Residential Tenancies Act 1986 (RTA).

The landlord has given the Tribunal documents, photographs, and oral evidence that proves the above claims.

The specific evidence is:- a. The tenancy agreement allows only the tenant and one additional resident which is [redacted] (the tenant’s younger son). b. Photographs taken by the landlord on 19 November 2023 which show substantial damage inside the flat including one large hole smashed through an internal wall, one internal door with about two-thirds of the door smashed out and the inner core gone, and at least two or three other smaller holes in walls. c. Oral evidence from the landlord that while she was present at the property on 8 November 2023, that [adult son] verbally threatened to assault the tenant, and the landlord, and to smash up the house. d. Copies of breach letters sent to the tenant by the landlord that record the above events. e. Oral evidence from the landlord that she has viewed (and has a copy of) a video recording made on a neighbour’s security camera on 19 November 2023 that shows [adult son] threatening to smash up the house and swearing and yelling threats and abuse. f. A copy of a police report made by the landlord to the police on 20 November 2023 which reports the damage to the premises and threats made by [adult son] and refers to the security camera recording.

The tenant accepts that she gave the tenancy address as a bail address for [adult son] although the landlord had declined consent for him to live there. She also agrees that it was [adult son] who smashed the door and the walls.

Jocelyn Glenice Elise Curtis says that she has told [adult son] that he cannot live at the premises anymore. She says she now lives there alone. She also said that she has fixed some of the damage.

The tenant herself did not cause the damage and did not make threats.

However, she did allow [adult son] to be at the premises and the law says that she is responsible for anything that is done by someone who is there with her permission; s41 RTA.

This means that I must terminate the tenancy because of the substantial damage and the threats of assault and damage made by [adult son].

The tenancy will terminate at 2:00pm on Monday 12 February 2024.

Order

The tenancy of Jocelyn Glenice Elise Curtis at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s] at 2:00pm on Monday 12 February 2024.

Reasons

The landlord’s representative and the tenant attended the hearing today.
The landlord has made an application to terminate the tenancy.
The reasons for the application are:- a. That the tenant permitted her [adult son] to live at the premises when the tenancy agreement only allowed two occupants and the landlord had previously declined consent for him to live there; and b. [Adult son] has caused substantial damage to the premises, and c. [Adult son] has threatened to cause more substantial damage to the premises, and d. [Adult son] has threatened to assault the landlord, the tenant, and neighbours.
The law says that if I am satisfied that someone who the tenant allowed to be at the premises caused substantial damage or threatened to assault the landlord, or to cause more substantial damage to the premises, then I must terminate the tenancy. Section 55(1)(b) and (c) Residential Tenancies Act 1986 (RTA).
The landlord has given the Tribunal documents, photographs, and oral evidence that proves the above claims.
The specific evidence is:- a. The tenancy agreement allows only the tenant and one additional resident which is [redacted] (the tenant’s younger son). b. Photographs taken by the landlord on 19 November 2023 which show substantial damage inside the flat including one large hole smashed through an internal wall, one internal door with about two-thirds of the door smashed out and the inner core gone, and at least two or three other smaller holes in walls. c. Oral evidence from the landlord that while she was present at the property on 8 November 2023, that [adult son] verbally threatened to assault the tenant, and the landlord, and to smash up the house. d. Copies of breach letters sent to the tenant by the landlord that record the above events. e. Oral evidence from the landlord that she has viewed (and has a copy of) a video recording made on a neighbour’s security camera on 19 November 2023 that shows [adult son] threatening to smash up the house and swearing and yelling threats and abuse. f. A copy of a police report made by the landlord to the police on 20 November 2023 which reports the damage to the premises and threats made by [adult son] and refers to the security camera recording.
The tenant accepts that she gave the tenancy address as a bail address for [adult son] although the landlord had declined consent for him to live there. She also agrees that it was [adult son] who smashed the door and the walls.
Jocelyn Glenice Elise Curtis says that she has told [adult son] that he cannot live at the premises anymore. She says she now lives there alone. She also said that she has fixed some of the damage.
The tenant herself did not cause the damage and did not make threats.
However, she did allow [adult son] to be at the premises and the law says that she is responsible for anything that is done by someone who is there with her permission; s41 RTA.
This means that I must terminate the tenancy because of the substantial damage and the threats of assault and damage made by [adult son].
The tenancy will terminate at 2:00pm on Monday 12 February 2024.

Tenancy Tribunal case 4719689 — 14-day notice

At a glance

Tenancy Tribunal case 4719689 — 14-day notice

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