What was Tenancy Tribunal case 4855469 about?

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

How much money was awarded in case 4855469?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4855469?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4855469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10258771-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4855469 about?

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

How much money was awarded in case 4855469?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4855469?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4855469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10258771-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4855469 — 14-day notice

Reasons

The landlord attended the hearing represented by [The landlord's representative/s].

There was no appearance for [The tenant/s] however he was represented by two members of [The organisation]; an organisation who homes the homeless, [The tenant's representative/s]. No consent for representation had been sought, however I accepted their appearance upon approval of the landlord. 1

I note that [The landlord/s] is a community partner of [The organisation] and they work together to provide homes for some of our community’s most vulnerable.

[The landlord/s] has applied for termination of the tenancy on the basis of a threat by [The tenant/s] to the property manager. [The landlord's representative/s]’s evidence is that on 3 April when she attended the property to provide [The tenant/s] with a letter advising him that pest controllers would be attending on another date, he threatened to punch her in the face, twice. His 1 Section 93 of the Residential Tenancies Act 1986 threats were accompanied with aggression and swear words and her colleague had to step in between them. This altercation took place in the hallway outside his home.

[The tenant/s]’s key worker, [The tenant's representative/s] has been working with him and says he apologises for the incident saying he did not know who they were. He had met [The landlord's representative/s] on a number of occasions previously however has issues with his short-term memory. The incident it therefore appears, is uncontested.

[The landlord/s] and [The organisation] have met since and been working together to address the situation. Since the incident [The tenant's representative/s] has taken [The tenant/s] out from the property when trades need access. This is a short-term measure; one [The landlord's representative/s] says is not sustainable. She also notes that [The tenant/s] has been aggressive to property managers in previous tenancies managed by [The landlord/s].

Unfortunately, [The tenant/s] has limited housing opportunities which is why [The organisation] are working so closely with them. Their work is commendable and appreciated.

However, the Residential Tenancies Act 1986 (the RTA) is very clear when it comes to incidents of assault or threats to assault. Section 55(1)(c) of the RTA states that the Tribunal shall terminate the tenancy if the tenant has threatened to assault the landlord.

As this is what has occurred here, I must terminate the tenancy.

The landlord has agreed to a termination date in 28 days and accordingly I direct that on 24 May 2024 the tenancy must end due to [The tenant/s]’s threat to assault [The landlord's representative/s].

The landlord has sought suppression, and as they were successful in their claim, pursuant to section 95A of the RTA, I approve that application. I am also satisfied that [The tenant/s]’s details should be suppressed given his age and particular mental health needs and difficulties. 2

Order

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59pm on Friday 24 May 2024.

Reasons

The landlord attended the hearing represented by [The landlord's representative/s].
There was no appearance for [The tenant/s] however he was represented by two members of [The organisation]; an organisation who homes the homeless, [The tenant's representative/s]. No consent for representation had been sought, however I accepted their appearance upon approval of the landlord. 1
I note that [The landlord/s] is a community partner of [The organisation] and they work together to provide homes for some of our community’s most vulnerable.
[The landlord/s] has applied for termination of the tenancy on the basis of a threat by [The tenant/s] to the property manager. [The landlord's representative/s]’s evidence is that on 3 April when she attended the property to provide [The tenant/s] with a letter advising him that pest controllers would be attending on another date, he threatened to punch her in the face, twice. His 1 Section 93 of the Residential Tenancies Act 1986 threats were accompanied with aggression and swear words and her colleague had to step in between them. This altercation took place in the hallway outside his home.
[The tenant/s]’s key worker, [The tenant's representative/s] has been working with him and says he apologises for the incident saying he did not know who they were. He had met [The landlord's representative/s] on a number of occasions previously however has issues with his short-term memory. The incident it therefore appears, is uncontested.
[The landlord/s] and [The organisation] have met since and been working together to address the situation. Since the incident [The tenant's representative/s] has taken [The tenant/s] out from the property when trades need access. This is a short-term measure; one [The landlord's representative/s] says is not sustainable. She also notes that [The tenant/s] has been aggressive to property managers in previous tenancies managed by [The landlord/s].
Unfortunately, [The tenant/s] has limited housing opportunities which is why [The organisation] are working so closely with them. Their work is commendable and appreciated.
However, the Residential Tenancies Act 1986 (the RTA) is very clear when it comes to incidents of assault or threats to assault. Section 55(1)(c) of the RTA states that the Tribunal shall terminate the tenancy if the tenant has threatened to assault the landlord.
As this is what has occurred here, I must terminate the tenancy.
The landlord has agreed to a termination date in 28 days and accordingly I direct that on 24 May 2024 the tenancy must end due to [The tenant/s]’s threat to assault [The landlord's representative/s].
The landlord has sought suppression, and as they were successful in their claim, pursuant to section 95A of the RTA, I approve that application. I am also satisfied that [The tenant/s]’s details should be suppressed given his age and particular mental health needs and difficulties. 2

Tenancy Tribunal case 4855469 — 14-day notice

At a glance

Tenancy Tribunal case 4855469 — 14-day notice

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