What was Tenancy Tribunal case 4821597 about?

The tribunal order states: The tenancy of Tessa Matchitt at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4821597?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4821597?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4821597?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10316090-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4821597 about?

The tribunal order states: The tenancy of Tessa Matchitt at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4821597?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4821597?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4821597?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10316090-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4821597 — Harassment

Order

The tenancy of Tessa Matchitt at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s] immediately.

Reasons

The Tribunal must consider an application filed by the landlord seeking to terminate the tenancy because of antisocial behaviour.
Only the landlord appeared at the hearing. I am satisfied that the tenant has been properly notified of the hearing. The landlord confirmed speaking about the hearing to the tenant today, and the tenant advising she would not be attending. The tenant has not contacted the Tribunal seeking an adjournment. I will therefore proceed to consider the claim in her absence.

BACKGROUND

The tenancy commenced on 13 October 2022 as a periodic tenancy. The sole tenant is Tessa Matchitt.
On 4 January 2024 the landlord issued a first notice of anti-social behaviour in relation to: a. Loud crying b. Fighting c. Constant thumping sounds coming from the house.
On 22 January 2024 a second notice was issued regarding: a. Loud crying b. Fighting c. Screaming d. Constant thumping sounds coming from the house.
On 27 February 2024 the landlord issued the third notice regarding antisocial behaviour in relation to: a. Alleged drug-related activity at the premises b. Loud fighting
On 28 February 2024 the landlord applied for an order terminating the tenancy on the grounds of antisocial behaviour.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
Section 55A of the Residential Tenancies Act 1986 (RTA), confirms that a landlord can apply to the Tribunal for an order terminating a periodic tenancy on the ground of anti-social behaviour, when: a. There has been 3 separate occasions of anti-social behaviour in connection with the premises, within 90 days. b. On each occasion, the landlord has given the tenant setting out details of the described anti-social behaviour. c. The landlord’s application to terminate the tenancy must be within 28 days of the third notice.
Anti-social behaviour is defined in this section as follows: (7) In this section, anti-social behaviour means— (a) harassment; or (b) any other act or omission (whether intentional or not), if the act or omission reasonably causes alarm, distress, or nuisance that is more than minor.
However the Tribunal cannot make a termination order if in the circumstances of how the behaviour occurred, or the notices were given, it would be unfair to terminate, or if the landlord was issuing the notice in a retaliatory way, because the tenant was asserting some right or ability in relation to the tenancy.
The Act confirms that the Tribunal “must not take into account the impact that terminating the tenancy would have on the tenant”.

LANDLORDS CASE

The landlord attended the hearing today. The landlord confirmed that they are seeking a termination on the grounds of anti-social behaviour. The landlord advised that complaints have been received from neighbours around constant fighting at the premises, screaming and breaking windows, being antisocial behaviour.

ANALYSIS

The landlord has applied for an order terminating the tenancy on the grounds of antisocial behaviour. The behaviour is as set out in the notices issued to the tenant and confirmed by the landlord at the hearing. The landlord also provided a video file to the Tribunal showing an argument at the tenancy which unquestionably would be disturbing for the neighbours.
Based on the evidence available, I am satisfied that the tenant has engaged in behaviour that would cause reasonable alarm, distress or nuisance which is more than minor.
The grounds for terminating the tenancy have been established, and therefore a termination is ordered.

NAME SUPPRESSION

The Tribunal can order name suppression when a party has been wholly or substantially successful in the proceeding. In this case the landlord has applied for name suppression which given the landlord has succeeded in the claim, suppression is granted.

Order

The tenancy of Tessa Matchitt at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s] immediately.

Reasons

The Tribunal must consider an application filed by the landlord seeking to terminate the tenancy because of antisocial behaviour.
Only the landlord appeared at the hearing. I am satisfied that the tenant has been properly notified of the hearing. The landlord confirmed speaking about the hearing to the tenant today, and the tenant advising she would not be attending. The tenant has not contacted the Tribunal seeking an adjournment. I will therefore proceed to consider the claim in her absence.

BACKGROUND

The tenancy commenced on 13 October 2022 as a periodic tenancy. The sole tenant is Tessa Matchitt.
On 4 January 2024 the landlord issued a first notice of anti-social behaviour in relation to: a. Loud crying b. Fighting c. Constant thumping sounds coming from the house.
On 22 January 2024 a second notice was issued regarding: a. Loud crying b. Fighting c. Screaming d. Constant thumping sounds coming from the house.
On 27 February 2024 the landlord issued the third notice regarding antisocial behaviour in relation to: a. Alleged drug-related activity at the premises b. Loud fighting
On 28 February 2024 the landlord applied for an order terminating the tenancy on the grounds of antisocial behaviour.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
Section 55A of the Residential Tenancies Act 1986 (RTA), confirms that a landlord can apply to the Tribunal for an order terminating a periodic tenancy on the ground of anti-social behaviour, when: a. There has been 3 separate occasions of anti-social behaviour in connection with the premises, within 90 days. b. On each occasion, the landlord has given the tenant setting out details of the described anti-social behaviour. c. The landlord’s application to terminate the tenancy must be within 28 days of the third notice.
Anti-social behaviour is defined in this section as follows: (7) In this section, anti-social behaviour means— (a) harassment; or (b) any other act or omission (whether intentional or not), if the act or omission reasonably causes alarm, distress, or nuisance that is more than minor.
However the Tribunal cannot make a termination order if in the circumstances of how the behaviour occurred, or the notices were given, it would be unfair to terminate, or if the landlord was issuing the notice in a retaliatory way, because the tenant was asserting some right or ability in relation to the tenancy.
The Act confirms that the Tribunal “must not take into account the impact that terminating the tenancy would have on the tenant”.

LANDLORDS CASE

The landlord attended the hearing today. The landlord confirmed that they are seeking a termination on the grounds of anti-social behaviour. The landlord advised that complaints have been received from neighbours around constant fighting at the premises, screaming and breaking windows, being antisocial behaviour.

ANALYSIS

The landlord has applied for an order terminating the tenancy on the grounds of antisocial behaviour. The behaviour is as set out in the notices issued to the tenant and confirmed by the landlord at the hearing. The landlord also provided a video file to the Tribunal showing an argument at the tenancy which unquestionably would be disturbing for the neighbours.
Based on the evidence available, I am satisfied that the tenant has engaged in behaviour that would cause reasonable alarm, distress or nuisance which is more than minor.
The grounds for terminating the tenancy have been established, and therefore a termination is ordered.

NAME SUPPRESSION

The Tribunal can order name suppression when a party has been wholly or substantially successful in the proceeding. In this case the landlord has applied for name suppression which given the landlord has succeeded in the claim, suppression is granted.

Tenancy Tribunal case 4821597 — Harassment

At a glance

Tenancy Tribunal case 4821597 — Harassment

At a glance

Claims & awards

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

LANDLORDS CASE

ANALYSIS

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

LANDLORDS CASE

ANALYSIS

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions