What was Tenancy Tribunal case 4895300 about?

This case concerned a harassment dispute.

How much money was awarded in case 4895300?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4895300?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4895300?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10534817-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4895300 about?

This case concerned a harassment dispute.

How much money was awarded in case 4895300?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4895300?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4895300?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10534817-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4895300 — Harassment

Tenantcheck Insights

Reasons

Both parties attended the hearing.

The landlord has applied to the Tribunal for an order terminating the periodic tenancy under section 55A(1) of the Residential Tenancies Act 1986 ( The “Act’) , on the grounds of anti-social behaviour from the tenant or someone on the premises with the tenant’s permission.

Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied under section 55A(2) of the Act: (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 defines antisocial behaviour as harassment or any act (whether intentional or not) that reasonably causes alarm, distress or nuisance that is more than minor.

To succeed with an application for anti-social behaviour, all three notices must meet the requirements in 55A(2) of the Act.

The first notice was issued on 11 May 2024 and refers to an alleged incident occurring on 26 April 2024. The notice states that the 90-day period commenced on 11 May 2024. The second notice was issued on 13 May 2024 and refers to an alleged incident occurring on 27 April 2024. The notice confirms the commencement of the 90-day period as 11 May 2024. On 22 May 2024, the landlord issued a third notice referring to an alleged incident on 21 May 2024. The notice again refers to the commencement of the 90 days as 11 May 2024.

Section 55A(2)(a) requires the three incidents of anti-social behaviour to have occurred within a 90-day period [my emphasis]. In this case, however, the first and second notices refer to incidents that are alleged to have occurred before the 90-day period, which commenced on 11 May 2024 and ends on 09 August 2024. The notices are therefore defective. The application is dismissed. Name suppression

Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published. The tenant has been wholly successful and is granted name suppression. There are no grounds to suppress the landlord’s name.

Reasons

Both parties attended the hearing.

The Act defines antisocial behaviour as harassment or any act (whether intentional or not) that reasonably causes alarm, distress or nuisance that is more than minor.

To succeed with an application for anti-social behaviour, all three notices must meet the requirements in 55A(2) of the Act.

Tenancy Tribunal case 4895300 — Harassment

At a glance

Tenancy Tribunal case 4895300 — Harassment

At a glance

Claims & awards

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions