What was Tenancy Tribunal case 4759917 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 4759917?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4759917?

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

Where can I read the official tribunal order for case 4759917?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9956518-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4759917 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 4759917?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4759917?

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

Where can I read the official tribunal order for case 4759917?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9956518-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4759917 — 14-day notice

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The application for termination of the tenancy on the grounds of anti-social behaviour is dismissed.
By way of declaration the 90 day notice to end the tenancy is valid and the tenancy ends on 16 February 2024.

Reasons

The landlord attended the hearing.
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.
In addition, the landlord has issued a 90 day notice to end the periodic tenancy.

Should the tenancy be terminated?

The landlord states that the anti-social behaviour is the tenant and visitors to the premises at all times of the day and night, disturbing and intimidating other tenants and the landlord, allowing other people to stay in the premises and lying down on the shared driveway.
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 about the distress caused by the behaviour of the tenant and people in the premises with the tenant’s permission.
I have determined that the landlord has established that anti-social behaviour has occurred on the premises by the tenant or persons at the tenancy with the tenant’s permission.
However, I consider termination of the tenancy is not available to the landlord.
The reason for this is that the landlord has not served notices on the tenant as required in the Residential Tenancies Act 1986.
The first notice dated 27/10/2023 was a 14 day notice to remedy a breach and did not include advice to the tenant advising him of his rights.
The second notice issued on 7/12/2023 was also a 14 day notice, but a separate notice under section 55A was also issued.
The third notice dated 10/12/2023 was served after the application to the Tribunal was made.
As all three notices do not comply with the requirements, the application for termination on the grounds of anti-social behaviour fails.

Is the 90 day notice valid?

The landlord issued a 90 notice on 18/11/2023 for the tenancy to end on 16/2/2024.
Section 51(2) provides the circumstances under which a landlord may terminate a periodic tenancy by giving at least 90 days notice.
This includes under section 51(2)(f) if extensive alterations, refurbishment, repairs, or redevelopment of the premises are to be carried out by the landlord, with work beginning or material steps taken, within 90 days after the termination date.
I am persuaded, just, by the evidence of the landlord that refurbishment of the premises in the form of internal repainting, modernising of the bathroom, and replacement of carpet, vinyl, and blinds, satisfies the criteria for a valid 90 day notice.
In particular I note the evidence that a painter has been booked to commence work.
However, a possession order is not yet available to the landlord because the end date of the tenancy is not until 16 February 2024.
I have therefore made a declaration that the 90 day notice is valid.
As the landlord has only partly succeeded with the application, I have not awarded the filing fee.
Pursuant to section 95A(4) I have granted suppression to the applicant because I consider it is in their interests to do so.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The application for termination of the tenancy on the grounds of anti-social behaviour is dismissed.
By way of declaration the 90 day notice to end the tenancy is valid and the tenancy ends on 16 February 2024.

Reasons

The landlord attended the hearing.
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.
In addition, the landlord has issued a 90 day notice to end the periodic tenancy.

Should the tenancy be terminated?

The landlord states that the anti-social behaviour is the tenant and visitors to the premises at all times of the day and night, disturbing and intimidating other tenants and the landlord, allowing other people to stay in the premises and lying down on the shared driveway.
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 about the distress caused by the behaviour of the tenant and people in the premises with the tenant’s permission.
I have determined that the landlord has established that anti-social behaviour has occurred on the premises by the tenant or persons at the tenancy with the tenant’s permission.
However, I consider termination of the tenancy is not available to the landlord.
The reason for this is that the landlord has not served notices on the tenant as required in the Residential Tenancies Act 1986.
The first notice dated 27/10/2023 was a 14 day notice to remedy a breach and did not include advice to the tenant advising him of his rights.
The second notice issued on 7/12/2023 was also a 14 day notice, but a separate notice under section 55A was also issued.
The third notice dated 10/12/2023 was served after the application to the Tribunal was made.
As all three notices do not comply with the requirements, the application for termination on the grounds of anti-social behaviour fails.

Is the 90 day notice valid?

The landlord issued a 90 notice on 18/11/2023 for the tenancy to end on 16/2/2024.
Section 51(2) provides the circumstances under which a landlord may terminate a periodic tenancy by giving at least 90 days notice.
This includes under section 51(2)(f) if extensive alterations, refurbishment, repairs, or redevelopment of the premises are to be carried out by the landlord, with work beginning or material steps taken, within 90 days after the termination date.
I am persuaded, just, by the evidence of the landlord that refurbishment of the premises in the form of internal repainting, modernising of the bathroom, and replacement of carpet, vinyl, and blinds, satisfies the criteria for a valid 90 day notice.
In particular I note the evidence that a painter has been booked to commence work.
However, a possession order is not yet available to the landlord because the end date of the tenancy is not until 16 February 2024.
I have therefore made a declaration that the 90 day notice is valid.
As the landlord has only partly succeeded with the application, I have not awarded the filing fee.
Pursuant to section 95A(4) I have granted suppression to the applicant because I consider it is in their interests to do so.

Tenancy Tribunal case 4759917 — 14-day notice

At a glance

Tenancy Tribunal case 4759917 — 14-day notice

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Is the 90 day notice valid?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Is the 90 day notice valid?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions