What was Tenancy Tribunal case 4817538 about?

The tribunal order states: The tenancy of Chandrakala Prasad at [Tenancy address suppressed] is

How much money was awarded in case 4817538?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4817538?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4817538?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10084181-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4817538 about?

The tribunal order states: The tenancy of Chandrakala Prasad at [Tenancy address suppressed] is

How much money was awarded in case 4817538?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4817538?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4817538?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10084181-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4817538 — Harassment

Order

The tenancy of Chandrakala Prasad at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
The landlord may commence enforcement of the possession order in 2 above immediately without waiting for the 48-hour period in section 138(1)(a) District Courts Act to expire.

Reasons

The landlord attended the hearing.
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 is loud noise disturbing neighbours and intimidating and threatening behaviour towards neighbours by the son of the tenant who appears to be living at the premises without the consent of the landlord.
In support of the claim the landlord provided copies of the three notices as follows: a. Notice dated 18/1/2024 for events in the early hours of the morning on 17 January 2024. b. Notice dated 25/1/2024 for events on the evening of 24 January 2024. c. Notice dated 26/1/2024 for events on the evening of 25 January 2024.
In addition, a fourth notice dated 22/2/2024 was issued for events on 17 February 2024.
Further the landlord provided letters from other tenants in the vicinity, a timeline of the contact with the tenant, correspondence and notes of meetings with other tenants.
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 application to the Tribunal was filed on 22/2/2024, within the 28 day period from 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 taken into account the evidence presented by the landlord as set out above.
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, 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 cannot consider the impact on the tenant, in making an order for termination of the tenancy.
Ordinarily Tribunal Orders cannot be enforced for 48 hours, see section 138(1)(a) District Courts Act 2016.
However, the Tribunal can grant leave to enforce earlier, see sections 138(1)(b) District Courts Act 2016 and section 106(2) Residential Tenancies Act 1986.
Waiving the 48 hour period is only appropriate in exceptional circumstances. Due to the landlord’s concerns about the premises and safety of neighbours, this is an appropriate case to do so.
The possession order may be enforced immediately as the tenancy has been terminated.
Suppression is granted to the applicant because they were successful with the claim.

Order

The tenancy of Chandrakala Prasad at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
The landlord may commence enforcement of the possession order in 2 above immediately without waiting for the 48-hour period in section 138(1)(a) District Courts Act to expire.

Reasons

The landlord attended the hearing.
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 is loud noise disturbing neighbours and intimidating and threatening behaviour towards neighbours by the son of the tenant who appears to be living at the premises without the consent of the landlord.
In support of the claim the landlord provided copies of the three notices as follows: a. Notice dated 18/1/2024 for events in the early hours of the morning on 17 January 2024. b. Notice dated 25/1/2024 for events on the evening of 24 January 2024. c. Notice dated 26/1/2024 for events on the evening of 25 January 2024.
In addition, a fourth notice dated 22/2/2024 was issued for events on 17 February 2024.
Further the landlord provided letters from other tenants in the vicinity, a timeline of the contact with the tenant, correspondence and notes of meetings with other tenants.
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 application to the Tribunal was filed on 22/2/2024, within the 28 day period from 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 taken into account the evidence presented by the landlord as set out above.
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, 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 cannot consider the impact on the tenant, in making an order for termination of the tenancy.
Ordinarily Tribunal Orders cannot be enforced for 48 hours, see section 138(1)(a) District Courts Act 2016.
However, the Tribunal can grant leave to enforce earlier, see sections 138(1)(b) District Courts Act 2016 and section 106(2) Residential Tenancies Act 1986.
Waiving the 48 hour period is only appropriate in exceptional circumstances. Due to the landlord’s concerns about the premises and safety of neighbours, this is an appropriate case to do so.
The possession order may be enforced immediately as the tenancy has been terminated.
Suppression is granted to the applicant because they were successful with the claim.

Tenancy Tribunal case 4817538 — Harassment

At a glance

Tenancy Tribunal case 4817538 — 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