What was Tenancy Tribunal case 4739829 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4739829?

The reconciled net award was $20.44.

What type of tenancy dispute was case 4739829?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4739829?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9719916-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4739829 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4739829?

The reconciled net award was $20.44.

What type of tenancy dispute was case 4739829?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4739829?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9719916-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4739829 — Harassment

Reasons

The landlord attended the hearing. The tenant did not attend.

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 tenancy premises are within a social housing complex.

The landlord states that the anti-social behaviour includes threatening and violent behaviour, interference with and intimidation of other tenants in the complex and assault. Some of the allegations are very serious and are under investigation by Police.

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.

I have taken into account the evidence presented by the landlord. I heard evidence from other residents of the complex about incidents which occurred on 29 August 2023, 26 October 2023, 30 and 31 October 2023 and 23 November 2023. The evidence included details of abusive language, threats, intimidating behaviour and breach of a 5-day Police Safety Order.

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 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.

I cannot consider the impact on the tenant, in making an order for termination of the tenancy.

As the landlord was the successful party, I have awarded reimbursement of the Tribunal filing fee.

I have also granted the landlord’s request for suppression of its details. The landlord also requested suppression of the tenant’s details because of the ongoing Police investigation and the serious nature of some of the allegations. I have granted that request in this instance.

Order

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 12:30pm on Tuesday, 5 December 2023.
[The tenant/s] must pay [The landlord/s] $20.44 immediately, being the filing fee on this application.

Reasons

The landlord attended the hearing. The tenant did not attend.
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 tenancy premises are within a social housing complex.
The landlord states that the anti-social behaviour includes threatening and violent behaviour, interference with and intimidation of other tenants in the complex and assault. Some of the allegations are very serious and are under investigation by Police.
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.
I have taken into account the evidence presented by the landlord. I heard evidence from other residents of the complex about incidents which occurred on 29 August 2023, 26 October 2023, 30 and 31 October 2023 and 23 November 2023. The evidence included details of abusive language, threats, intimidating behaviour and breach of a 5-day Police Safety Order.
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 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.
I cannot consider the impact on the tenant, in making an order for termination of the tenancy.
As the landlord was the successful party, I have awarded reimbursement of the Tribunal filing fee.
I have also granted the landlord’s request for suppression of its details. The landlord also requested suppression of the tenant’s details because of the ongoing Police investigation and the serious nature of some of the allegations. I have granted that request in this instance.

Tenancy Tribunal case 4739829 — Harassment

At a glance

Tenancy Tribunal case 4739829 — Harassment

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