What was Tenancy Tribunal case 4862742 about?

The tribunal order states: The tenancy of [The tenant/s] at 18 Ridgeway Place, Glen Innes, Auckland

How much money was awarded in case 4862742?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4862742?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4862742?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10349916-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4862742 about?

The tribunal order states: The tenancy of [The tenant/s] at 18 Ridgeway Place, Glen Innes, Auckland

How much money was awarded in case 4862742?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4862742?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4862742?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10349916-Tenancy_Tribunal_Order.pdf.

18 Ridgeway Place, Glen Innes, Auckland 1072 Tenancy Tribunal Case 4862742 — Harassment

Order

The tenancy of [The tenant/s] at 18 Ridgeway Place, Glen Innes, Auckland 1072 is terminated, and possession is granted to Tamaki Housing Association Limited Partnership, at 11.59 pm on Tuesday 21 May 2024.

Reasons

The landlord attended the hearing; the tenant did not attend. I conducted the hearing in the tenant’s absence because I am satisfied that the tenant was correctly served and knew about the hearing.
The landlord has applied to the Tribunal for an order terminating the tenancy on the grounds of anti-social behaviour from the tenant.
The landlord provided oral evidence and electronic copies of the notices for anti-social behaviour.
The landlord stated that the tenancy started on 21 March 2024.
On Tuesday 26 March 2024, at approximately 2.30 pm the tenancy manager and the place manager attended the tenant’s property to give tenancy documents to the tenant. The tenant was inside his house with a pitchfork banging it against the window. The tenant shouted obscenities and multiple threats at the two managers including: “Go away or I will fucking kill you.” The place manager made a complaint on the same day.
On 28 March 2024 a breach notice was issued to the tenant for anti-social behaviour. This was the first notice for anti-social behaviour.
On Monday 15 April at approximately 10.30 am a Tamaki Housing tradesperson was at a neighbouring property also managed by Tamaki Housing. Again the tenant began making verbal threats to the Tamaki Housing tradesperson. The tenant then went into his own house and came out carrying an axe which he threw on the road along with his vest. The tenant then went back into his own property and began throwing his own belongings onto the lawn.
On 17 April 2024 a breach notice was issued to the tenant for anti-social behaviour. This was the second notice for anti-social behaviour within a 90-day period.
On Monday 13 May 2024 the tenant started throwing his belongings around in his front yard and setting fire to them. Emergency services attended, including a fire truck and crew and multiple Police units. A tenant at a neighbouring property made a complaint to Tamaki Housing.
On 15 May 2024 a breach notice was issued to the tenant for anti-social behaviour. This was the third notice for anti-social behaviour within a 90-day period.
Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied: a. on 3 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 have taken into account the evidence presented by the landlord as set out above.
I have determined that the landlord has established that anti-social behaviour has occurred on the premises by the tenant. The landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
I consider it would not be unfair to terminate the tenancy taking into account the circumstances in which the behaviour arose and the notices given. I cannot see that the landlord has acted in any retaliatory way in bringing this application.
I cannot consider the impact on the tenant, in making an order for termination of the tenancy.
The landlord has applied for possession of the premises following the termination of the tenancy.

Order

The tenancy of [The tenant/s] at 18 Ridgeway Place, Glen Innes, Auckland 1072 is terminated, and possession is granted to Tamaki Housing Association Limited Partnership, at 11.59 pm on Tuesday 21 May 2024.

Reasons

The landlord attended the hearing; the tenant did not attend. I conducted the hearing in the tenant’s absence because I am satisfied that the tenant was correctly served and knew about the hearing.
The landlord has applied to the Tribunal for an order terminating the tenancy on the grounds of anti-social behaviour from the tenant.
The landlord provided oral evidence and electronic copies of the notices for anti-social behaviour.
The landlord stated that the tenancy started on 21 March 2024.
On Tuesday 26 March 2024, at approximately 2.30 pm the tenancy manager and the place manager attended the tenant’s property to give tenancy documents to the tenant. The tenant was inside his house with a pitchfork banging it against the window. The tenant shouted obscenities and multiple threats at the two managers including: “Go away or I will fucking kill you.” The place manager made a complaint on the same day.
On 28 March 2024 a breach notice was issued to the tenant for anti-social behaviour. This was the first notice for anti-social behaviour.
On Monday 15 April at approximately 10.30 am a Tamaki Housing tradesperson was at a neighbouring property also managed by Tamaki Housing. Again the tenant began making verbal threats to the Tamaki Housing tradesperson. The tenant then went into his own house and came out carrying an axe which he threw on the road along with his vest. The tenant then went back into his own property and began throwing his own belongings onto the lawn.
On 17 April 2024 a breach notice was issued to the tenant for anti-social behaviour. This was the second notice for anti-social behaviour within a 90-day period.
On Monday 13 May 2024 the tenant started throwing his belongings around in his front yard and setting fire to them. Emergency services attended, including a fire truck and crew and multiple Police units. A tenant at a neighbouring property made a complaint to Tamaki Housing.
On 15 May 2024 a breach notice was issued to the tenant for anti-social behaviour. This was the third notice for anti-social behaviour within a 90-day period.
Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied: a. on 3 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 have taken into account the evidence presented by the landlord as set out above.
I have determined that the landlord has established that anti-social behaviour has occurred on the premises by the tenant. The landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
I consider it would not be unfair to terminate the tenancy taking into account the circumstances in which the behaviour arose and the notices given. I cannot see that the landlord has acted in any retaliatory way in bringing this application.
I cannot consider the impact on the tenant, in making an order for termination of the tenancy.
The landlord has applied for possession of the premises following the termination of the tenancy.

Tenancy Tribunal case 4862742 — Harassment at 18 Ridgeway Place, Glen Innes, Auckland 1072

At a glance

Claims & awards

Tenancy Tribunal case 4862742 — Harassment at 18 Ridgeway Place, Glen Innes, 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