What was Tenancy Tribunal case 4799111 about?

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

How much money was awarded in case 4799111?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4799111?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4799111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10112292-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4799111 about?

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

How much money was awarded in case 4799111?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4799111?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4799111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10112292-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4799111 — Harassment

Order

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s] at 8pm Sunday 21 April 2024, if not terminated earlier by the tenant giving the landlord no less than two days written notice to terminate.
This matter is determined as indicated by the orders above, but the landlord is granted a period of 15 days within which, if there are further instances of anti- social behaviour that makes them believe there is an unreasonable and immediate risk to them, they can request that the application be brought back under urgency before the Tribunal with new evidence in respect of any such event and the matter will be re-opened.
No other orders are made.

Reasons

Both parties attended the hearing. [Tenant’s] partner, [Redacted], and their baby appeared alongside her.
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.
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 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 (“RTA”), 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 have taken into account the evidence presented by the parties. The historic events were not challenged by the tenant and the termination consequence accepted. It is likely in both parties’ interests for such a change to occur. The future looks more promising for the tenant and her partner who have engaged with support agencies. I wish them luck.
I cannot consider the impact on the tenant, in making an order for termination of the tenancy.
The landlord made some offers of reduced rent and other incentives to assist in an exit without any further issues. These were well received by the tenants.
I do not expect it to be necessary but if merited, the landlord may bring this back before me as provided for in this order. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
While not directly applicable, I have also considered s 95A(1A) RTA where the Tribunal must, in any proceedings that relate to withdrawal from a tenancy under section 56B RTA, order that the name and any identifying particulars of the parties not be published. If made, a tenant application for withdrawal per s 56B RTA would appear to have some grounds. The early release provision offered by the landlord mirrors the timeframe in s 56B.
Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The suppression of all names and any identifying details is ordered.

Order

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s] at 8pm Sunday 21 April 2024, if not terminated earlier by the tenant giving the landlord no less than two days written notice to terminate.
This matter is determined as indicated by the orders above, but the landlord is granted a period of 15 days within which, if there are further instances of anti- social behaviour that makes them believe there is an unreasonable and immediate risk to them, they can request that the application be brought back under urgency before the Tribunal with new evidence in respect of any such event and the matter will be re-opened.
No other orders are made.

Reasons

Both parties attended the hearing. [Tenant’s] partner, [Redacted], and their baby appeared alongside her.
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.
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 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 (“RTA”), 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 have taken into account the evidence presented by the parties. The historic events were not challenged by the tenant and the termination consequence accepted. It is likely in both parties’ interests for such a change to occur. The future looks more promising for the tenant and her partner who have engaged with support agencies. I wish them luck.
I cannot consider the impact on the tenant, in making an order for termination of the tenancy.
The landlord made some offers of reduced rent and other incentives to assist in an exit without any further issues. These were well received by the tenants.
I do not expect it to be necessary but if merited, the landlord may bring this back before me as provided for in this order. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
While not directly applicable, I have also considered s 95A(1A) RTA where the Tribunal must, in any proceedings that relate to withdrawal from a tenancy under section 56B RTA, order that the name and any identifying particulars of the parties not be published. If made, a tenant application for withdrawal per s 56B RTA would appear to have some grounds. The early release provision offered by the landlord mirrors the timeframe in s 56B.
Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The suppression of all names and any identifying details is ordered.

Tenancy Tribunal case 4799111 — Harassment

At a glance

Tenancy Tribunal case 4799111 — 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