What was Tenancy Tribunal case 4838961 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit 8, 116 Line Road, Point England,

How much money was awarded in case 4838961?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4838961?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4838961?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10368584-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4838961 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit 8, 116 Line Road, Point England,

How much money was awarded in case 4838961?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4838961?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4838961?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10368584-Tenancy_Tribunal_Order.pdf.

Flat 8, 116 Line Road, Point England, Auckland 1072 Tenancy Tribunal Case 4838961 — Harassment

Reasons

The landlord’s representatives attended the hearing for the landlord.

The tenant did not attend. The landlord advises the tenant is currently in custody. The application is urgent because the tenant’s conduct has been seriously disturbing other tenants at the complex the tenant’s unit is situated in. The termination claim should be considered without delay in case the unit can be made available to another social housing client in need of accommodation. Moreover, the tenant does not need the accommodation while he remains in custody. In these circumstances it is appropriate to proceed with the application.

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 includes burglary of a neighbouring unit, unlawfully entering a neighbouring unit, disturbing neighbours by playing loud music while hosting large drunken gatherings at all hours, using rubbish bins to climb up into the unit, drinking alcohol in common areas, allowing dogs to roam the complex, harassing contractors attending to do work in a neighbour’s unit, enabling associates to squat in an unoccupied neighbouring unit, and visitors asking tenants in neighbouring units or money.

Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied: a. on three 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 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 am satisfied on the balance of probabilities that the tenant or persons at the premises with the tenant’s permission repeatedly engaged in anti-social behaviour that was connected with the premises.

The landlord served three notices on the tenant as required by the Residential Tenancies Act 1986 in respect to the behaviour and applied to the Tribunal within 28 days of the date of the third notice.

It would not be unfair to terminate the tenancy considering the circumstances in which the behaviour arose, and the notices were given.

The Tribunal orders the tenant to reimburse the landlord for the filing fee because the landlord has wholly succeeded in its claim.

Order

The tenancy of [The tenant/s] at Unit 8, 116 Line Road, Point England, Auckland 1072 is terminated, and possession is granted to Tāmaki Regeneration Limited immediately.

Reasons

The landlord’s representatives attended the hearing for the landlord.
The tenant did not attend. The landlord advises the tenant is currently in custody. The application is urgent because the tenant’s conduct has been seriously disturbing other tenants at the complex the tenant’s unit is situated in. The termination claim should be considered without delay in case the unit can be made available to another social housing client in need of accommodation. Moreover, the tenant does not need the accommodation while he remains in custody. In these circumstances it is appropriate to proceed with the application.
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 includes burglary of a neighbouring unit, unlawfully entering a neighbouring unit, disturbing neighbours by playing loud music while hosting large drunken gatherings at all hours, using rubbish bins to climb up into the unit, drinking alcohol in common areas, allowing dogs to roam the complex, harassing contractors attending to do work in a neighbour’s unit, enabling associates to squat in an unoccupied neighbouring unit, and visitors asking tenants in neighbouring units or money.
Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied: a. on three 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 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 am satisfied on the balance of probabilities that the tenant or persons at the premises with the tenant’s permission repeatedly engaged in anti-social behaviour that was connected with the premises.
The landlord served three notices on the tenant as required by the Residential Tenancies Act 1986 in respect to the behaviour and applied to the Tribunal within 28 days of the date of the third notice.
It would not be unfair to terminate the tenancy considering the circumstances in which the behaviour arose, and the notices were given.
The Tribunal orders the tenant to reimburse the landlord for the filing fee because the landlord has wholly succeeded in its claim.

Tenancy Tribunal case 4838961 — Harassment at Flat 8, 116 Line Road, Point England, Auckland 1072

At a glance

Claims & awards

Tenancy Tribunal case 4838961 — Harassment at Flat 8, 116 Line Road, Point England, Auckland 1072

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions