What was Tenancy Tribunal case 4806238 about?

The tribunal order states: The tenancy of Haylee Mereana Wihongi and Terry Coe Coe Palekotama at

How much money was awarded in case 4806238?

erminated, and possession is granted…: $20.44 awarded to landlord

What type of tenancy dispute was case 4806238?

The primary dispute was 14-day notice. Related themes: Harassment.

Where can I read the official tribunal order for case 4806238?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10017864-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4806238 about?

The tribunal order states: The tenancy of Haylee Mereana Wihongi and Terry Coe Coe Palekotama at

How much money was awarded in case 4806238?

erminated, and possession is granted…: $20.44 awarded to landlord

What type of tenancy dispute was case 4806238?

The primary dispute was 14-day notice. Related themes: Harassment.

Where can I read the official tribunal order for case 4806238?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10017864-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4806238 — 14-day notice

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New Zealand Tenancy Tribunal Case 4806238 — 14-day notice | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4806238. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
erminated, and possession is granted to [The landlord/s], at 5:00 pm on Wednesday 13 th March 2024. 2. The tenant must p	$20.44		h the application, I order the tenant to reimburse the landlord’s filing fee of $20.44. J Yi 28 February 2024 _________________________________________________…

Claims and awards for application 4806238. Verify on MoJ.

erminated, and possession is granted to [The landlord/s], at 5:00 pm on Wednesday 13 th March 2024. 2. The tenant must p

Amount: $20.44
Awarded to: Landlord
Reason: h the application, I order the tenant to reimburse the landlord’s filing fee of $20.44. J Yi 28 February 2024 _________________________________________________…

Order

The tenancy of Haylee Mereana Wihongi and Terry Coe Coe Palekotama at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 5:00 pm on Wednesday 13 th March 2024.
The tenant must pay the landlord $20.44 for reimbursement of the filing fee.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy due to the tenant threatening to cause grievous bodily harm to a neighbour.
Under section 55(1)(c) Residential Tenancies Act 1986 (“RTA”), the Tribunal must terminate the tenancy if the Tribunal is satisfied that the tenant has assaulted or threatened to assault any neighbour.
Under section 55(2) RTA, the Tribunal has a discretion to refuse the termination if and only if the Tribunal is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach and it is unlikely that the tenant will commit any further breach of a kind to which section 55 applies.
The landlord had an owner-occupier neighbour give evidence regarding what the tenant has said to her. An audio recording was produced where the tenant could be heard saying a serious threat to the neighbour.
The incident was reported to the Police and the tenant had been charged with “threatening to cause grievous bodily harm” to the neighbour.
The tenant accepted having said what was heard on the recording but explained that the tenant had believed that the neighbour was hiding the tenant’s menacing brother next door.
That is no excuse for threatening the neighbour as the tenant did.
There was also another allegation of an “assault” where the tenant’s elbow made contact with another neighbour’s elbow when both were walking past each other in a relatively narrow pathway carrying items.
The tenant denied that the elbow contact was intentional. The neighbour was adamant that it was. However, I make no finding on that point as it is not necessary to do so for this application.
The tenant explained that they were currently in the process of looking for another address. I note that the tenancy was originally for a fixed term of one year which was coming up to its end soon.
I do not exercise the Tribunal’s discretion to not terminate the tenancy under section 55(2) and I grant the landlord’s application for termination for threatening to assault a neighbour.
The tenancy of Haylee Mereana Wihongi and Terry Coe Coe Palekotama at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 5:00 pm on Wednesday 13 th March 2024
As the landlord has been wholly successful with the application, I order the tenant to reimburse the landlord’s filing fee of $20.44.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4806238. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
erminated, and possession is granted to [The landlord/s], at 5:00 pm on Wednesday 13 th March 2024. 2. The tenant must p	$20.44		h the application, I order the tenant to reimburse the landlord’s filing fee of $20.44. J Yi 28 February 2024 _________________________________________________…

Claims and awards for application 4806238. Verify on MoJ.

erminated, and possession is granted to [The landlord/s], at 5:00 pm on Wednesday 13 th March 2024. 2. The tenant must p

Amount: $20.44
Awarded to: Landlord
Reason: h the application, I order the tenant to reimburse the landlord’s filing fee of $20.44. J Yi 28 February 2024 _________________________________________________…

Order

The tenancy of Haylee Mereana Wihongi and Terry Coe Coe Palekotama at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 5:00 pm on Wednesday 13 th March 2024.
The tenant must pay the landlord $20.44 for reimbursement of the filing fee.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy due to the tenant threatening to cause grievous bodily harm to a neighbour.
Under section 55(1)(c) Residential Tenancies Act 1986 (“RTA”), the Tribunal must terminate the tenancy if the Tribunal is satisfied that the tenant has assaulted or threatened to assault any neighbour.
Under section 55(2) RTA, the Tribunal has a discretion to refuse the termination if and only if the Tribunal is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach and it is unlikely that the tenant will commit any further breach of a kind to which section 55 applies.
The landlord had an owner-occupier neighbour give evidence regarding what the tenant has said to her. An audio recording was produced where the tenant could be heard saying a serious threat to the neighbour.
The incident was reported to the Police and the tenant had been charged with “threatening to cause grievous bodily harm” to the neighbour.
The tenant accepted having said what was heard on the recording but explained that the tenant had believed that the neighbour was hiding the tenant’s menacing brother next door.
That is no excuse for threatening the neighbour as the tenant did.
There was also another allegation of an “assault” where the tenant’s elbow made contact with another neighbour’s elbow when both were walking past each other in a relatively narrow pathway carrying items.
The tenant denied that the elbow contact was intentional. The neighbour was adamant that it was. However, I make no finding on that point as it is not necessary to do so for this application.
The tenant explained that they were currently in the process of looking for another address. I note that the tenancy was originally for a fixed term of one year which was coming up to its end soon.
I do not exercise the Tribunal’s discretion to not terminate the tenancy under section 55(2) and I grant the landlord’s application for termination for threatening to assault a neighbour.
The tenancy of Haylee Mereana Wihongi and Terry Coe Coe Palekotama at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 5:00 pm on Wednesday 13 th March 2024
As the landlord has been wholly successful with the application, I order the tenant to reimburse the landlord’s filing fee of $20.44.

Tenancy Tribunal case 4806238 — 14-day notice

At a glance

Tenancy Tribunal case 4806238 — 14-day notice

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