What was Tenancy Tribunal case 4832658 about?

The tribunal order states: The landlord’s application is dismissed.

How much money was awarded in case 4832658?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4832658?

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

Where can I read the official tribunal order for case 4832658?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10209409-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4832658 about?

The tribunal order states: The landlord’s application is dismissed.

How much money was awarded in case 4832658?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4832658?

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

Where can I read the official tribunal order for case 4832658?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10209409-Tribunal_Order_Redacted.pdf.

Unit/Flat 5, 12 Ewenson Avenue, One Tree Hill, Auckland Tenancy Tribunal Case 4832658 — 14-day notice

Tenantcheck Insights

Reasons

Both parties attended the hearing.

The landlord has applied to the Tribunal for an order terminating the tenancy on the grounds of anti-social behaviour from the tenant.

However, the Tribunal’s jurisdiction to terminate the tenancy under section 55A Residential Tenancies Act 1986 (‘RTA’) ie., anti-social behaviour, only applies to a periodic tenancy.

This is a fixed term tenancy from 13 February 2024 to 10 February 2025.

The Tribunal is therefore without jurisdiction to accede to the landlord’s application filed under section 55A RTA.

I have also considered and addressed the landlord’s request and further application for the tenancy to be terminated under section 55(1)(c) on grounds that the tenant has threatened to assault the agent of the landlord, the landlord and/or the neighbours of the premises or building of which the premises constitute a part.

The landlord’s evidence from the neighbours and video recordings do not show that the tenant has threatened to assault the agent of the landlord, the landlord and/or the neighbours of the premises at all.

I find that the element of assault and threat to assault under section 55(1)(c) necessarily refers to physical violence; I reject the landlord’s submission that mental distress suffered by the landlord comes under section 55(1)(c) RTA.

Finally, I do not consider that the tenant’s text sent on 25 March 2024 to the landlord’s agent that “I’ll sort you out” means that the tenant has threatened to physically assault the agent.

The phrase "I will sort you out" can mean different things depending on the context. It can mean: a. To take action to stop someone who has been causing trouble, often by physically attacking them. b. To provide somebody with a necessity, or a solution to a problem. c. To correct, discipline, reprimand, or punish someone for their behaviour.

Having heard from the tenant and the context in which the text was sent, I prefer the tenant’s evidence that he intended the words to carry the meaning that he was wanting a solution to a problem or to correct the landlord’s agent for her behaviour which the tenant finds objectionable.

I do not accept that the tenant had threatened to take action against the landlord’s agent by physically attacking or assaulting her. The video of the parties’ verbal altercation also indicates that the tenant had taken offence at the landlord and/or agent breaching his peace and quiet enjoyment and privacy rather than trying to assault or threatening to assault the landlord.

I note that the tenant suffers from a physical disability presently and relies on walking aides/clutches. This also makes any proposed carrying out of physical violence/threats of assault unlikely.

The various grounds relied upon by the landlord to end the tenancy fail and the landlord’s application for termination of the tenancy is hereby dismissed.

Reasons

Both parties attended the hearing.

The landlord has applied to the Tribunal for an order terminating the tenancy on the grounds of anti-social behaviour from the tenant.

However, the Tribunal’s jurisdiction to terminate the tenancy under section 55A Residential Tenancies Act 1986 (‘RTA’) ie., anti-social behaviour, only applies to a periodic tenancy.

This is a fixed term tenancy from 13 February 2024 to 10 February 2025.

The Tribunal is therefore without jurisdiction to accede to the landlord’s application filed under section 55A RTA.

I note that the tenant suffers from a physical disability presently and relies on walking aides/clutches. This also makes any proposed carrying out of physical violence/threats of assault unlikely.

The various grounds relied upon by the landlord to end the tenancy fail and the landlord’s application for termination of the tenancy is hereby dismissed.

Tenancy Tribunal case 4832658 — 14-day notice at Unit/Flat 5, 12 Ewenson Avenue, One Tree Hill, Auckland

At a glance

Tenancy Tribunal case 4832658 — 14-day notice at Unit/Flat 5, 12 Ewenson Avenue, One Tree Hill, Auckland

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