What was Tenancy Tribunal case 4888080 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat 24, 14 Hills Road, Otara, Auckland 2023

How much money was awarded in case 4888080?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4888080?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4888080?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10396109-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4888080 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat 24, 14 Hills Road, Otara, Auckland 2023

How much money was awarded in case 4888080?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4888080?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4888080?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10396109-Tribunal_Order_Redacted.pdf.

Unit/Flat 24, 14 Hills Road, Otara, Auckland 2023 Tenancy Tribunal Case 4888080 — Harassment

Reasons

The landlord attended the hearing today.

The landlord has applied to the Tribunal for an order terminating a periodic tenancy on the grounds of anti-social behaviour by the tenant.

The tenant is elderly and has lived at the premises for more than 10 years.

The landlord states that the anti-social behaviour involves urinating and tipping bottles of urine outside the front doorstep and onto the footpath where neighbours walk, and disturbing others outside the unit by listening to loud adult films. The landlord also says that the tenant is smoking in the unit which is a breach of the tenancy agreement. This is part of a wider pattern of challenging behaviour and the evidence presented indicates that the tenant is unable to effectively manage his personal cares.

Subject to certain considerations, the Tribunal must make an order terminating a tenancy if it is satisfied that: 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 Residential Tenancies Act 1986 (the Act) confirms that antisocial behaviour includes harassment or any act or omission (whether intentional or not) that reasonably causes alarm, distress or nuisance that is more than minor. I am satisfied that there have been 3 separate occasions of anti-social behaviour that has reasonably caused distress. I note that other residents must access their units by utilising the path outside the tenant’s unit.

The landlord has established that the tenant has engaged in anti-social behaviour on the premises. The landlord has served notices on the tenant as required by section 55A of the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.

It would not be unfair to terminate the tenancy because of the circumstances in which the behaviour occurred or the notices were given. The landlord has not acted in any retaliatory way in bringing this application (section 55A(3)).

In deciding to whether to make an order for termination of the tenancy, the Tribunal cannot consider the impact on the tenant (section 55A(4)). However, the landlord says they will take steps to ensure the tenant has more suitable accommodation in concert with other support providers. Suppression

The tenant is elderly and in need of social care. I consider that the tenant’s privacy interests outweigh the public interest in this decision. I exercise my discretion to grant name suppression to the tenant.

Order

The tenancy of [The tenant/s] at Unit/Flat 24, 14 Hills Road, Otara, Auckland 2023 is terminated, and possession is granted to Haumaru Housing Limited Partnership, at midnight on Wednesday 29 May 2024.

Reasons

The landlord attended the hearing today.
The landlord has applied to the Tribunal for an order terminating a periodic tenancy on the grounds of anti-social behaviour by the tenant.
The tenant is elderly and has lived at the premises for more than 10 years.
The landlord states that the anti-social behaviour involves urinating and tipping bottles of urine outside the front doorstep and onto the footpath where neighbours walk, and disturbing others outside the unit by listening to loud adult films. The landlord also says that the tenant is smoking in the unit which is a breach of the tenancy agreement. This is part of a wider pattern of challenging behaviour and the evidence presented indicates that the tenant is unable to effectively manage his personal cares.
Subject to certain considerations, the Tribunal must make an order terminating a tenancy if it is satisfied that: 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 Residential Tenancies Act 1986 (the Act) confirms that antisocial behaviour includes harassment or any act or omission (whether intentional or not) that reasonably causes alarm, distress or nuisance that is more than minor. I am satisfied that there have been 3 separate occasions of anti-social behaviour that has reasonably caused distress. I note that other residents must access their units by utilising the path outside the tenant’s unit.
The landlord has established that the tenant has engaged in anti-social behaviour on the premises. The landlord has served notices on the tenant as required by section 55A of the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
It would not be unfair to terminate the tenancy because of the circumstances in which the behaviour occurred or the notices were given. The landlord has not acted in any retaliatory way in bringing this application (section 55A(3)).
In deciding to whether to make an order for termination of the tenancy, the Tribunal cannot consider the impact on the tenant (section 55A(4)). However, the landlord says they will take steps to ensure the tenant has more suitable accommodation in concert with other support providers. Suppression
The tenant is elderly and in need of social care. I consider that the tenant’s privacy interests outweigh the public interest in this decision. I exercise my discretion to grant name suppression to the tenant.

Tenancy Tribunal case 4888080 — Harassment at Unit/Flat 24, 14 Hills Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 4888080 — Harassment at Unit/Flat 24, 14 Hills Road, Otara, Auckland 2023

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