What was Tenancy Tribunal case 4847700 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4847700?

The reconciled net award was $20.44.

What type of tenancy dispute was case 4847700?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4847700?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10315672-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4847700 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4847700?

The reconciled net award was $20.44.

What type of tenancy dispute was case 4847700?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4847700?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10315672-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4847700 — 14-day notice

Reasons

Both parties attended the hearing today.

The landlord has applied to terminate the tenancy on the grounds that the tenant caused substantial damage to the premises and has breached his obligations under the tenancy agreement and the Residential Tenancies Act 1986 (the Act).

On 23 March 2024, in the early evening, the tenant was seen on video-camera walking downstairs from the upstairs residential floor while carrying a jacket, which he was trying to set alight. The tenant then stood in the hallway for some seconds while the jacket caught fire. The jacket, burning and giving off smoke, was taken outside, and thrown in the rubbish.

I consider that the incident on 23 March 2024 was a breach of section 40(2)(c) of the Act, which requires the tenant not to interfere with the reasonable peace, comfort, or privacy of any other person living in the neighbourhood. There are obvious health and safety hazards associated with starting a fire indoors.

The landlord provided photographs showing damage to the door of the tenant’s unit. This is an internal door. The cost of repairs to the door, which is also a fire- door, is $1,079.13. The landlord sent a 14-day notice to remedy the damage on 18 April 2024. The damage to the fire-door is fairly significant, and I consider likely qualifies as “substantial” for the purpose of section 55(1)(b) of the Act.

The landlord also sent a 14-day notice to remove drug-related paraphernalia from the premises on 18 April 2024. I consider that the tenant is in breach of section 40(2)(b) of the Act by keeping drugs in his room.

The tenant did not really dispute these matters. I understood him to be saying that he suffers from mental health issues and was not feeling well when the March incident happened. The tenant took some responsibility for what he had done, commenting that it was silly, and he would try not to do it again. The impression given by the tenant’s evidence is that at least some of his behaviour is compulsive and driven by mental health issues rather than being a conscious decision.

I am concerned that similar incidents could happen again with potentially much worse outcomes for other residents and businesses occupying the same building. The landlord indicated that there had been other incidents of aggression, although there is no evidence before the Tribunal to independently corroborate that.

I find that it would be inequitable to refuse to terminate the tenancy given the seriousness of the conduct. I must therefore terminate the tenancy pursuant to section 56 of the Act. The tenant said he would likely have to go into emergency accommodation. I hope that this can be arranged before the tenant vacates and I note that the landlord also employs case managers, whose function is to support the tenant. Filing fee and suppression

The landlord’s application has succeeded. I must award the filing fee.

The landlord applied for suppression. This order involves a discussion about the tenant’s mental health and related behaviour, which is a very private matter. In my view the privacy interest of both parties outweighs the public interest in full publication of the order. I have granted suppression of both parties’ names and identifying particulars.

Order

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at midnight on Friday 10 May 2024.
[The tenant/s] must pay [The landlord/s] $20.44 immediately, for the filing fee.

Reasons

Both parties attended the hearing today.
The landlord has applied to terminate the tenancy on the grounds that the tenant caused substantial damage to the premises and has breached his obligations under the tenancy agreement and the Residential Tenancies Act 1986 (the Act).
On 23 March 2024, in the early evening, the tenant was seen on video-camera walking downstairs from the upstairs residential floor while carrying a jacket, which he was trying to set alight. The tenant then stood in the hallway for some seconds while the jacket caught fire. The jacket, burning and giving off smoke, was taken outside, and thrown in the rubbish.
I consider that the incident on 23 March 2024 was a breach of section 40(2)(c) of the Act, which requires the tenant not to interfere with the reasonable peace, comfort, or privacy of any other person living in the neighbourhood. There are obvious health and safety hazards associated with starting a fire indoors.
The landlord provided photographs showing damage to the door of the tenant’s unit. This is an internal door. The cost of repairs to the door, which is also a fire- door, is $1,079.13. The landlord sent a 14-day notice to remedy the damage on 18 April 2024. The damage to the fire-door is fairly significant, and I consider likely qualifies as “substantial” for the purpose of section 55(1)(b) of the Act.
The landlord also sent a 14-day notice to remove drug-related paraphernalia from the premises on 18 April 2024. I consider that the tenant is in breach of section 40(2)(b) of the Act by keeping drugs in his room.
The tenant did not really dispute these matters. I understood him to be saying that he suffers from mental health issues and was not feeling well when the March incident happened. The tenant took some responsibility for what he had done, commenting that it was silly, and he would try not to do it again. The impression given by the tenant’s evidence is that at least some of his behaviour is compulsive and driven by mental health issues rather than being a conscious decision.
I am concerned that similar incidents could happen again with potentially much worse outcomes for other residents and businesses occupying the same building. The landlord indicated that there had been other incidents of aggression, although there is no evidence before the Tribunal to independently corroborate that.
I find that it would be inequitable to refuse to terminate the tenancy given the seriousness of the conduct. I must therefore terminate the tenancy pursuant to section 56 of the Act. The tenant said he would likely have to go into emergency accommodation. I hope that this can be arranged before the tenant vacates and I note that the landlord also employs case managers, whose function is to support the tenant. Filing fee and suppression
The landlord’s application has succeeded. I must award the filing fee.
The landlord applied for suppression. This order involves a discussion about the tenant’s mental health and related behaviour, which is a very private matter. In my view the privacy interest of both parties outweighs the public interest in full publication of the order. I have granted suppression of both parties’ names and identifying particulars.

Tenancy Tribunal case 4847700 — 14-day notice

At a glance

Tenancy Tribunal case 4847700 — 14-day notice

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions