What was Tenancy Tribunal case 4858917 about?

The tribunal order states: The tenancy of Eddie Te Ata James at [Tenancy address suppressed] is

How much money was awarded in case 4858917?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4858917?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4858917?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10258730-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4858917 about?

The tribunal order states: The tenancy of Eddie Te Ata James at [Tenancy address suppressed] is

How much money was awarded in case 4858917?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4858917?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4858917?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10258730-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4858917 — Harassment

Tenantcheck Insights

Reasons

The Landlord attended the hearing. The Tenant did not attend by video or answer their telephone call made by the Tribunal.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

The Landlord submitted that the Tenant had contacted the Landlord on the morning of the hearing giving notice they wished to end the tenancy on 10 May 2024. The Tenant did not attend the hearing so Orders reflecting this agreement could not be made by the Tribunal. The Landlord however agreed with this date to end the tenancy.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.

However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.

The tenant has breached their obligations by assaulting and threatening to assault the neighbours. Statements were provided by three neighbours and oral evidence by one neighbour of the Tenant being violent towards his visitor and the neighbours around April 2024. The neighbour submitted one neighbour received medical injuries and the Police were called.

The breach is not capable of remedy because the breach was an assault and threats to assault towards the neighbours.

It would be inequitable to refuse to terminate the tenancy given there have been a number of reports of the Tenants anti-social behaviour received by the neighbours. The neighbours do not feel safe.

The tenancy is terminated.

As the landlord has been wholly successful in their claim, name suppression is granted to the Landlord.

Reasons

The Landlord attended the hearing. The Tenant did not attend by video or answer their telephone call made by the Tribunal.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

The breach is not capable of remedy because the breach was an assault and threats to assault towards the neighbours.

It would be inequitable to refuse to terminate the tenancy given there have been a number of reports of the Tenants anti-social behaviour received by the neighbours. The neighbours do not feel safe.

The tenancy is terminated.

As the landlord has been wholly successful in their claim, name suppression is granted to the Landlord.

Tenancy Tribunal case 4858917 — Harassment

At a glance

Tenancy Tribunal case 4858917 — Harassment

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