What was Tenancy Tribunal case 4804431 about?

The tribunal order states: The tenancy of [Tenant 1] at [Tenancy address suppressed] is terminated, and

How much money was awarded in case 4804431?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4804431?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4804431?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10005853-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4804431 about?

The tribunal order states: The tenancy of [Tenant 1] at [Tenancy address suppressed] is terminated, and

How much money was awarded in case 4804431?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4804431?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4804431?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10005853-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4804431 — 14-day notice

Order

The tenancy of [Tenant 1] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at the end of Tuesday, 5 March 2024.
[Tenant 1] must pay [The landlord/s] $20.44, being the reimbursement of the filing fee.

Reasons

Both parties attended the hearing. [The landlord’s representative] as agent for the landlord and [Tenant 1], the tenant.
This is a 4-room apartment of which there are 4 separate tenancies, one for each room. The tenants share common facilities.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
[Tenant 1] has been a tenant in the apartment for about 5 years and works full time.

Should the tenancy be terminated?

Section 55(1)(c)(iv) provides that a tenancy can be terminated where the Tribunal is satisfied the tenant has assaulted, or has threatened to assault, any occupier of any building of which the premises constitute a part.
[The landlord’s representative] says [Tenant 1] assaulted another tenant in the apartment [Tenant 2] on 7 February 2024.
[Tenant 1] says he hit [Tenant 2] in self-defence. He says he was irritated by [Tenant 2] recording him and pushed his phone away from a table where [Tenant 2] was eating. [Tenant 1] said [Tenant 2] should be respecting his elders and had no trouble from [Tenant 2] until recently.
[Tenant 2] said he was hit 3 times. [Tenant 2] said he recorded his mealtimes due to [Tenant 1] previously teasing him and a previous tenant’s accent and making rude farting noises in the common area. [Tenant 2] said he recorded his mealtimes to protect himself in case he needed to seek help from [The landlord’s representative] about [Tenant 1]’s behaviour towards him.
[Tenant 1] has a fractured thumb.
[Tenant 2] had photos of injuries to his face and head.
Police complaints have been filed by both tenants and neither know where matters are currently at with the police.
From hearing the parties and the witness [Tenant 2], it would seem that tensions in this apartment have been running high for a period of time since about July 2023 in respect to another incident involving another tenant at the time.
The apartment seems to be a difficult place to live in for all concerned due to the nature of the way in which these tenancies are run. [The landlord’s representative] appears to look after a range of young people in almost student like tenancy arrangements and takes her role seriously as a property manager.
[Tenant 1] says this is what they can afford to pay for rent and living in this shared arrangement suits them.
The standard to assess the claim for termination is on the balance of probabilities. The Tribunal needs to be satisfied the tenant assaulted another occupier of the premises.
[Tenant 1] accepted he hit [Tenant 2] but says it was only in self-defence after [Tenant 2] hit him first.
[Tenant 2] denies hitting [Tenant 1]. He provided photos of his injuries to his face and head. He is a student and explained how he felt unsettled, hopeless and stressed since the incident. He says he currently manages living in the apartment by using the common areas when [Tenant 1] was not present and lock himself in his bedroom for meals.
[Tenant 1] blames the agent [The landlord’s representative] for playing favourites. He says he always pays his rent on time and keeps the place clean like it is his own. [The landlord’s representative] has offered to assist [Tenant 1] to find a place he could stay on his own.
The Tribunal is satisfied there was an incident of assault that occurred on 7 February 2024. Who hit whom first is beside the point and a matter for another authority to determine. On that basis the tenancy is terminated at the end of Tuesday 5 March 2024. I would expect the agent to take steps to assist [Tenant 2] and [Tenant 1] over the week with their living arrangements.
Because the landlord has been wholly successful in the claim, I make an order to reimburse the filing fee of $20.44 to [The landlord’s representative].
[The landlord’s representative] is seeking suppression of identifying details in any publication of this order.
If a party has wholly or substantially succeeded in the proceedings the Tribunal must make the order 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. Section 95A Residential Tenancies Act 1986.
There are sensitive matters pertaining to a police matter. Having considered the factors in this case the Tribunal grants suppression of the landlord, tenant, witness and tenancy details.

Order

The tenancy of [Tenant 1] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at the end of Tuesday, 5 March 2024.
[Tenant 1] must pay [The landlord/s] $20.44, being the reimbursement of the filing fee.

Reasons

Both parties attended the hearing. [The landlord’s representative] as agent for the landlord and [Tenant 1], the tenant.
This is a 4-room apartment of which there are 4 separate tenancies, one for each room. The tenants share common facilities.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
[Tenant 1] has been a tenant in the apartment for about 5 years and works full time.

Should the tenancy be terminated?

Section 55(1)(c)(iv) provides that a tenancy can be terminated where the Tribunal is satisfied the tenant has assaulted, or has threatened to assault, any occupier of any building of which the premises constitute a part.
[The landlord’s representative] says [Tenant 1] assaulted another tenant in the apartment [Tenant 2] on 7 February 2024.
[Tenant 1] says he hit [Tenant 2] in self-defence. He says he was irritated by [Tenant 2] recording him and pushed his phone away from a table where [Tenant 2] was eating. [Tenant 1] said [Tenant 2] should be respecting his elders and had no trouble from [Tenant 2] until recently.
[Tenant 2] said he was hit 3 times. [Tenant 2] said he recorded his mealtimes due to [Tenant 1] previously teasing him and a previous tenant’s accent and making rude farting noises in the common area. [Tenant 2] said he recorded his mealtimes to protect himself in case he needed to seek help from [The landlord’s representative] about [Tenant 1]’s behaviour towards him.
[Tenant 1] has a fractured thumb.
[Tenant 2] had photos of injuries to his face and head.
Police complaints have been filed by both tenants and neither know where matters are currently at with the police.
From hearing the parties and the witness [Tenant 2], it would seem that tensions in this apartment have been running high for a period of time since about July 2023 in respect to another incident involving another tenant at the time.
The apartment seems to be a difficult place to live in for all concerned due to the nature of the way in which these tenancies are run. [The landlord’s representative] appears to look after a range of young people in almost student like tenancy arrangements and takes her role seriously as a property manager.
[Tenant 1] says this is what they can afford to pay for rent and living in this shared arrangement suits them.
The standard to assess the claim for termination is on the balance of probabilities. The Tribunal needs to be satisfied the tenant assaulted another occupier of the premises.
[Tenant 1] accepted he hit [Tenant 2] but says it was only in self-defence after [Tenant 2] hit him first.
[Tenant 2] denies hitting [Tenant 1]. He provided photos of his injuries to his face and head. He is a student and explained how he felt unsettled, hopeless and stressed since the incident. He says he currently manages living in the apartment by using the common areas when [Tenant 1] was not present and lock himself in his bedroom for meals.
[Tenant 1] blames the agent [The landlord’s representative] for playing favourites. He says he always pays his rent on time and keeps the place clean like it is his own. [The landlord’s representative] has offered to assist [Tenant 1] to find a place he could stay on his own.
The Tribunal is satisfied there was an incident of assault that occurred on 7 February 2024. Who hit whom first is beside the point and a matter for another authority to determine. On that basis the tenancy is terminated at the end of Tuesday 5 March 2024. I would expect the agent to take steps to assist [Tenant 2] and [Tenant 1] over the week with their living arrangements.
Because the landlord has been wholly successful in the claim, I make an order to reimburse the filing fee of $20.44 to [The landlord’s representative].
[The landlord’s representative] is seeking suppression of identifying details in any publication of this order.
If a party has wholly or substantially succeeded in the proceedings the Tribunal must make the order 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. Section 95A Residential Tenancies Act 1986.
There are sensitive matters pertaining to a police matter. Having considered the factors in this case the Tribunal grants suppression of the landlord, tenant, witness and tenancy details.

Tenancy Tribunal case 4804431 — 14-day notice

At a glance

Tenancy Tribunal case 4804431 — 14-day notice

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions