What was Tenancy Tribunal case 4782140 about?

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

How much money was awarded in case 4782140?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4782140?

The dispute type was not classified.

Where can I read the official tribunal order for case 4782140?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10143086-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4782140 about?

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

How much money was awarded in case 4782140?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4782140?

The dispute type was not classified.

Where can I read the official tribunal order for case 4782140?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10143086-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4782140 — Tenancy dispute

Order

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at midnight on Saturday 27 April 2024.
[The tenant/s] must pay the filing fee of $20.44 to [The landlord/s] immediately.

Reasons

Both parties attended the hearing today.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate (section 56(1) of the Residential Tenancies Act 1986).
Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.
There have been incidents of anti-social behaviour by the tenant in June, August, and December 2023. The tenant has dementia and, when he drinks, can become aggressive. He lives in a block containing 9 studio apartments which means he is living in close proximity to others. Mental health services have been involved at times and his family are trying to move him into residential care.
In June 2023 a neighbour reported that, as she was leaving the building, the tenant was standing outside his door holding a butcher’s knife and looking agitated. The tenant was said to smell strongly of alcohol. The tenant followed the neighbour out of the building, and she says he was concealing the knife up his sleeve as he walked away.
In August 2023 the same neighbour complained that she was woken up at 2am by the tenant kicking her door and swearing. The Police came and found the tenant walking about outside.
In December 2023 a neighbour reported that the tenant was intoxicated and at
30am was knocking on other rooms and ended up at his room. The tenant asked him to open the door and was hitting the door with a chair. The Police attended and the tenant calmed down but started walking up and down again after they left. A resident reported that they were concerned if he hit the door again the tenant would get in.
The landlord says one tenant has left and another is leaving because of the anti- social behaviour. Photographs were provided showing damage to several studio doors.
At the hearing, the tenant had little insight into his behaviour. He denied any anti- social conduct and suggested the damage had been caused by others. He denied having any health conditions or a problem with alcohol.
The tenant is in breach of section 40(2)(c) of the Residential Tenancies Act 1986. This provides that the tenant must not cause any interference with the reasonable peace, comfort, or privacy of any of the landlord’s other tenants in the use of their premises or with the reasonable peace, comfort, or privacy of any other person residing in the neighbourhood. The nature of the behaviour is such that it is not capable of remedy.
The likelihood is that the behaviour will reoccur, and the consequences could be very serious. I find that it would be inequitable to refuse to terminate the tenancy. I have terminated the tenancy in a month’s time, for the reasons discussed at the hearing.
The tenant’s wife attended the hearing and she explained how they have tried to involve mental health and dementia services. The premises are close to them, and the tenant can walk and visit his children.
The tenant has previously been in emergency housing. His family are not well placed to provide accommodation for the reasons discussed above. They are trying to find residential accommodation so that someone is looking after the tenant on a full-time basis. However, there is a long wait list. The tenant’s family are dealing with a difficult and stressful situation.
The tenant has been through a needs assessment and is waiting for residential care. The private rental market is not an appropriate place for him, because he represents an unacceptable risk to the wellbeing of others. There is now an urgent need for suitable accommodation for the tenant that can both provide care and prevent harm. Filing fee and name suppression
The landlord’s application has succeeded. I award the filing fee.
The landlord requested suppression. Given the intensely personal nature of much of the evidence and the unfortunate circumstances, I have decided to grant suppression to both parties. Amendment on 28 March 2024
The order is amended to correct an error in the date of termination of the tenancy. The correct date of termination is 27 April 2024. The order is otherwise unchanged.

Reasons

Both parties attended the hearing today.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate (section 56(1) of the Residential Tenancies Act 1986).

Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.

There have been incidents of anti-social behaviour by the tenant in June, August, and December 2023. The tenant has dementia and, when he drinks, can become aggressive. He lives in a block containing 9 studio apartments which means he is living in close proximity to others. Mental health services have been involved at times and his family are trying to move him into residential care.

In June 2023 a neighbour reported that, as she was leaving the building, the tenant was standing outside his door holding a butcher’s knife and looking agitated. The tenant was said to smell strongly of alcohol. The tenant followed the neighbour out of the building, and she says he was concealing the knife up his sleeve as he walked away.

In August 2023 the same neighbour complained that she was woken up at 2am by the tenant kicking her door and swearing. The Police came and found the tenant walking about outside.

In December 2023 a neighbour reported that the tenant was intoxicated and at

30am was knocking on other rooms and ended up at his room. The tenant asked him to open the door and was hitting the door with a chair. The Police attended and the tenant calmed down but started walking up and down again after they left. A resident reported that they were concerned if he hit the door again the tenant would get in.

The landlord says one tenant has left and another is leaving because of the anti- social behaviour. Photographs were provided showing damage to several studio doors.

At the hearing, the tenant had little insight into his behaviour. He denied any anti- social conduct and suggested the damage had been caused by others. He denied having any health conditions or a problem with alcohol.

The tenant is in breach of section 40(2)(c) of the Residential Tenancies Act 1986. This provides that the tenant must not cause any interference with the reasonable peace, comfort, or privacy of any of the landlord’s other tenants in the use of their premises or with the reasonable peace, comfort, or privacy of any other person residing in the neighbourhood. The nature of the behaviour is such that it is not capable of remedy.

The likelihood is that the behaviour will reoccur, and the consequences could be very serious. I find that it would be inequitable to refuse to terminate the tenancy. I have terminated the tenancy in a month’s time, for the reasons discussed at the hearing.

The tenant’s wife attended the hearing and she explained how they have tried to involve mental health and dementia services. The premises are close to them, and the tenant can walk and visit his children.

The tenant has previously been in emergency housing. His family are not well placed to provide accommodation for the reasons discussed above. They are trying to find residential accommodation so that someone is looking after the tenant on a full-time basis. However, there is a long wait list. The tenant’s family are dealing with a difficult and stressful situation.

The tenant has been through a needs assessment and is waiting for residential care. The private rental market is not an appropriate place for him, because he represents an unacceptable risk to the wellbeing of others. There is now an urgent need for suitable accommodation for the tenant that can both provide care and prevent harm. Filing fee and name suppression

The landlord’s application has succeeded. I award the filing fee.

The landlord requested suppression. Given the intensely personal nature of much of the evidence and the unfortunate circumstances, I have decided to grant suppression to both parties. Amendment on 28 March 2024

The order is amended to correct an error in the date of termination of the tenancy. The correct date of termination is 27 April 2024. The order is otherwise unchanged.

Tenancy Tribunal case 4782140 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4782140 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Frequently asked questions