How much money was awarded in case 4898160?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4898160?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4898160?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10458212-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4898160?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4898160?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4898160?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10458212-Tribunal_Order_Redacted.pdf.

Unit/Flat Unit 106, 325 Victoria Avenue, Whanganui, Tenancy Tribunal Case 4898160 — Harassment

Q: What was Tenancy Tribunal case 4898160 about?

The tribunal order states: An application for suppression has been made in this case and the Tribunal

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.

The tenancy of Adelene Iraia at Unit/Flat Unit 106, 325 Victoria Avenue, Whanganui, Whanganui 4500 is terminated, and possession is granted to [The landlord/s], at 5 pm Friday 28 June 2024.

Reasons

The landlord attended the hearing.

The tenant did not attend the hearing.

The landlord has applied to the Tribunal for an order terminating the periodic tenancy 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: 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.

The landlord has issued the following notices: a. 6 March 2024: “Swearing and screaming at another person” on 6 March 2024 between 1 and 1.30 pm. b. 11 March 2024: “Yelling, swearing, verbally abusing and threatening other tenants” on 9 March 2024 at 8.30 pm and on 10 March 2024 between 4 and 6 pm. c. 10 March 2024: “Yelling, swearing from your balcony and banging on walls” on 13 May 2024 at 10.10 pm.

I have taken into account the evidence presented by the landlord as set out above and discussed at the hearing. The landlord has made this application as a last resort because the tenant and her guests have not modified their behaviour despite the notices that have been issued. The landlord produced a copy of another notice issued today for a guest of the tenant approaching and threatening another tenant.

I have determined that the landlord has established that anti-social behaviour has occurred on the premises by the tenant or a person on the tenancy with the tenant’s permission. 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 were 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.

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
The tenancy of Adelene Iraia at Unit/Flat Unit 106, 325 Victoria Avenue, Whanganui, Whanganui 4500 is terminated, and possession is granted to [The landlord/s], at 5 pm Friday 28 June 2024.

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy 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: 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.
The landlord has issued the following notices: a. 6 March 2024: “Swearing and screaming at another person” on 6 March 2024 between 1 and 1.30 pm. b. 11 March 2024: “Yelling, swearing, verbally abusing and threatening other tenants” on 9 March 2024 at 8.30 pm and on 10 March 2024 between 4 and 6 pm. c. 10 March 2024: “Yelling, swearing from your balcony and banging on walls” on 13 May 2024 at 10.10 pm.
I have taken into account the evidence presented by the landlord as set out above and discussed at the hearing. The landlord has made this application as a last resort because the tenant and her guests have not modified their behaviour despite the notices that have been issued. The landlord produced a copy of another notice issued today for a guest of the tenant approaching and threatening another tenant.
I have determined that the landlord has established that anti-social behaviour has occurred on the premises by the tenant or a person on the tenancy with the tenant’s permission. 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 were 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.

Tenancy Tribunal case 4898160 — Harassment at Unit/Flat Unit 106, 325 Victoria Avenue, Whanganui,

At a glance

Tenancy Tribunal case 4898160 — Harassment at Unit/Flat Unit 106, 325 Victoria Avenue, Whanganui,

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions