What was the outcome of Tenancy Tribunal case 4854180?

The tribunal order states: The tenancy of Gemini Ann Marino at Unit/Flat 211, 139B Greys Avenue,

How much money was awarded in case 4854180?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4854180?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4854180?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10501720-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4854180?

The tribunal order states: The tenancy of Gemini Ann Marino at Unit/Flat 211, 139B Greys Avenue,

How much money was awarded in case 4854180?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4854180?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4854180?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10501720-Tribunal_Order.pdf.

Unit/Flat 211, 139B Greys Avenue, Auckland Central, Tenancy Tribunal Case 4854180 — 14-day notice

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Reasons

The Landlord attended the hearing by video. The Tenant did not appear by video or answer the two telephone calls made by the Tribunal to their mobile phone number.

The landlord has applied for termination of the tenancy.

Should the tenancy be terminated?

The Landlord has applied for termination of the tenancy on the grounds that the tenant has assaulted, or has threatened to assault, or has caused or permitted any person to assault, or to threaten to assault, a neighbour of the premises or of any building of which the premises constitute a part. See section 55(1)(c)(v) Residential Tenancies Act 1986.

The Landlord submitted on 24 March 2024, Ms Marino assaulted a fellow Tenant who resided in the building. The Police attended and Ms Marino was arrested. The incident was recorded by the internal cameras which was submitted in support. The Landlord also provided statements from numerous Kainga Ora staff members involved with the Property and a Police report.

Four staff members from Kainga Ora all provided written statements confirming Ms Marino’s assault of a fellow Tenant and no compensation or apology had been offered by Ms Marino for her behaviour. There were six other incidents that occurred after this incident where the Tenant was either involved in an altercation with her partner or fellow Tenants. Some incidents involved assaults whilst others was yelling and screaming from Ms Marino.

One witness for the Landlord, Mr Chand gave evidence that the Tenant had engaged in a further altercation with her partner the night before the hearing being 24 June 2024. These constant altercations were disruptive and intimidating for the other Tenants. When Mr Chand advised the Tenant on one occasion that her escalating behaviour was jeopardising her tenancy, she replied words to the effect of “I cannot control myself when things happen like that”.

Other written statements provided from the Landlord’s staff confirmed the other disruptive incidents and assaults by Ms Marino towards other Tenants or her partner. Given the most recent incident occurred in the last 24 hours and there were six other incidents of Ms Marino being involved in altercations, I find it more likely than not that this disruptive aggressive behaviour would continue.

The Landlord gave evidence that the Tenant did not apologise or show remorse regarding her behaviour. The Landlord also submitted that there was no compensation received from the Tenant for the assault. Her behaviour just continued and they were very concerned for the safety of their staff and the other residents in the building.

I find the grounds have been established and the tenancy must be terminated.

Name suppression was not requested by the Landlord so this has not been granted.

Reasons

The Landlord attended the hearing by video. The Tenant did not appear by video or answer the two telephone calls made by the Tribunal to their mobile phone number.

The landlord has applied for termination of the tenancy.

Should the tenancy be terminated?

I find the grounds have been established and the tenancy must be terminated.

Name suppression was not requested by the Landlord so this has not been granted.

Tenancy Tribunal case 4854180 — 14-day notice at Unit/Flat 211, 139B Greys Avenue, Auckland Central,

At a glance

Tenancy Tribunal case 4854180 — 14-day notice at Unit/Flat 211, 139B Greys Avenue, Auckland Central,

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions