How much money was awarded in case 4788477?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4788477?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4788477?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9998535-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4788477?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4788477?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4788477?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9998535-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4788477 — Harassment

Q: What was Tenancy Tribunal case 4788477 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

The tenancy of Rosemary Harrison at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59pm on Monday 4 March 2024.

Rosemary Harrison must pay [The landlord/s] $20.44 filing fee immediately.

Reasons

Representatives of the landlord’s agent attended the hearing. The tenant did not attend.

The landlord has applied to the Tribunal for an order terminating this periodic tenancy on the grounds of anti-social behaviour by the tenant or someone on the premises with the tenant’s permission.

The premises are a five bedroomed unit in a building comprising other similar units. The tenant has a tenancy giving her exclusive use of a bedroom in the unit and shared use of the common areas of the unit with others living in the unit under their own individual tenancies.

The landlord states that the anti-social behaviour consists of the tenant yelling and screaming in the middle of the night, scratching at the doors of the other tenants’ bedrooms in the middle of the night, putting cryptic notes under their doors and shouting obscenities at passers-by from the premises.

Subject to certain considerations, the s55A (2) of the Residential Tenancies Act 1986 (the Act) provides that the Tribunal must make an order terminating the tenancy if it is satisfied that: 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 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 considered the evidence presented by the landlord and I am satisfied that the landlord has established that the tenant has engaged in anti-social behaviour in connection with the tenancy. The other tenants and some neighbours have been disturbed and alarmed by the tenant’s behaviour. Three tenants have vacated the premises in the past eight months due to her behaviour.

The landlord has served notices on the tenant as required by the Act, 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 considering the circumstances in which the behaviour arose, and the notices were given. There is no evidence that the landlord has acted in any retaliatory way in bringing this application.

I cannot consider the impact on the tenant, of making an order terminating the tenancy.

Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The tenancy of Rosemary Harrison at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59pm on Monday 4 March 2024.
Rosemary Harrison must pay [The landlord/s] $20.44 filing fee immediately.

Reasons

Representatives of the landlord’s agent attended the hearing. The tenant did not attend.
The landlord has applied to the Tribunal for an order terminating this periodic tenancy on the grounds of anti-social behaviour by the tenant or someone on the premises with the tenant’s permission.
The premises are a five bedroomed unit in a building comprising other similar units. The tenant has a tenancy giving her exclusive use of a bedroom in the unit and shared use of the common areas of the unit with others living in the unit under their own individual tenancies.
The landlord states that the anti-social behaviour consists of the tenant yelling and screaming in the middle of the night, scratching at the doors of the other tenants’ bedrooms in the middle of the night, putting cryptic notes under their doors and shouting obscenities at passers-by from the premises.
Subject to certain considerations, the s55A (2) of the Residential Tenancies Act 1986 (the Act) provides that the Tribunal must make an order terminating the tenancy if it is satisfied that: 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 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 considered the evidence presented by the landlord and I am satisfied that the landlord has established that the tenant has engaged in anti-social behaviour in connection with the tenancy. The other tenants and some neighbours have been disturbed and alarmed by the tenant’s behaviour. Three tenants have vacated the premises in the past eight months due to her behaviour.
The landlord has served notices on the tenant as required by the Act, 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 considering the circumstances in which the behaviour arose, and the notices were given. There is no evidence that the landlord has acted in any retaliatory way in bringing this application.
I cannot consider the impact on the tenant, of making an order terminating the tenancy.
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee.

Tenancy Tribunal case 4788477 — Harassment

At a glance

Tenancy Tribunal case 4788477 — Harassment

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