What was Tenancy Tribunal case 4796017 about?

The tribunal order states: The tenant’s name and identifying details including the tenancy

How much money was awarded in case 4796017?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4796017?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4796017?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9968395-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4796017 about?

The tribunal order states: The tenant’s name and identifying details including the tenancy

How much money was awarded in case 4796017?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4796017?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4796017?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9968395-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4796017 — Harassment

Order

The tenant’s name and identifying details including the tenancy address’s street address must not be published.
The application for termination for anti-social behaviour is dismissed.
This matter may be recalled before me at short notice for a one-hour hearing if the landlord has cogent evidence of any significant instance of anti-social behaviour by the tenant within the next six months.

Reasons

Both parties Danielle Smith and Sarah Thompson attended the hearing for the landlord’s agent.
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 landlord states that the anti-social behaviour includes riding a motorcycle on a common area footpath frequented by children, loudly swearing outside a neighbour’s house, and throwing a neighbour’s rubbish bin.
Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied: a. on three 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.
These provisions need to be applied in a practical way that does not rigidly suppress individuals’ fundamental rights of freedom of movement, to express themselves, or to enjoy an ordinary homelife.
The tenant accepts that earlier in the peace he reacted angrily to what he saw as his neighbours interfering with him storing his bike in a safe place. He regrets his words and his behaviour and wishes to apologise. He never intended to cause harm and is sorry that their initially good relationship has soured.
The alleged antisocial behaviour relied upon in the landlord’s third notice on 26 December 2023 is that the tenant rode his motorcycle on the common area pathway. There are photographs that show the tenant on his motorcycle and a child running on the adjacent grass lawn about 20 metres away.
The tenant explains that he needs to pass through the common area to house his motorcycle in a safe place. Although he was “riding” the bike, its engine was off. He was freewheeling the bike along the path using his legs. He could not walk alongside the bike at the time because he had just had a hernia operation. He is now recovered enough to walk alongside the bike. He now walks his bike now rather than “rides” it because he appreciates his neighbours worry there could be an accident otherwise.
I am not satisfied that the tenant’s conduct in circumstances where he was not physically recovered enough to walk the bike through the common area amounts to antisocial behaviour.
Since it has not been proved that there were three occasions of antisocial behaviour, the application must be dismissed.
I do have sympathy for the neighbours who are anxious for the welfare of their young children. They do not want them exposed to aggressive language or behaviour, or to be endangered by a motorcycle being ridden where they play.
The tenant impressed me as being receptive to the neighbour’s concerns and a decent person. I am quietly confident that there will not be further problems.
However, if any significant proven instances of antisocial behaviour occur, I would be happy for the matter be brought before me again at short notice.
The tenant’s name and identifying details including the tenancy street address must not be published pursuant to s 95A(1) of the Residential Tenancies Act 1986 because he has substantially succeeded in the proceedings and publication is not in the public interest or is justified because of the tenant’s conduct or any other circumstances of the case.

Order

The tenant’s name and identifying details including the tenancy address’s street address must not be published.
The application for termination for anti-social behaviour is dismissed.
This matter may be recalled before me at short notice for a one-hour hearing if the landlord has cogent evidence of any significant instance of anti-social behaviour by the tenant within the next six months.

Reasons

Both parties Danielle Smith and Sarah Thompson attended the hearing for the landlord’s agent.
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 landlord states that the anti-social behaviour includes riding a motorcycle on a common area footpath frequented by children, loudly swearing outside a neighbour’s house, and throwing a neighbour’s rubbish bin.
Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied: a. on three 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.
These provisions need to be applied in a practical way that does not rigidly suppress individuals’ fundamental rights of freedom of movement, to express themselves, or to enjoy an ordinary homelife.
The tenant accepts that earlier in the peace he reacted angrily to what he saw as his neighbours interfering with him storing his bike in a safe place. He regrets his words and his behaviour and wishes to apologise. He never intended to cause harm and is sorry that their initially good relationship has soured.
The alleged antisocial behaviour relied upon in the landlord’s third notice on 26 December 2023 is that the tenant rode his motorcycle on the common area pathway. There are photographs that show the tenant on his motorcycle and a child running on the adjacent grass lawn about 20 metres away.
The tenant explains that he needs to pass through the common area to house his motorcycle in a safe place. Although he was “riding” the bike, its engine was off. He was freewheeling the bike along the path using his legs. He could not walk alongside the bike at the time because he had just had a hernia operation. He is now recovered enough to walk alongside the bike. He now walks his bike now rather than “rides” it because he appreciates his neighbours worry there could be an accident otherwise.
I am not satisfied that the tenant’s conduct in circumstances where he was not physically recovered enough to walk the bike through the common area amounts to antisocial behaviour.
Since it has not been proved that there were three occasions of antisocial behaviour, the application must be dismissed.
I do have sympathy for the neighbours who are anxious for the welfare of their young children. They do not want them exposed to aggressive language or behaviour, or to be endangered by a motorcycle being ridden where they play.
The tenant impressed me as being receptive to the neighbour’s concerns and a decent person. I am quietly confident that there will not be further problems.
However, if any significant proven instances of antisocial behaviour occur, I would be happy for the matter be brought before me again at short notice.
The tenant’s name and identifying details including the tenancy street address must not be published pursuant to s 95A(1) of the Residential Tenancies Act 1986 because he has substantially succeeded in the proceedings and publication is not in the public interest or is justified because of the tenant’s conduct or any other circumstances of the case.

Tenancy Tribunal case 4796017 — Harassment

At a glance

Tenancy Tribunal case 4796017 — 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