What was Tenancy Tribunal case 4901613 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat 3, 6 Guise Lane, Hillmorton,

How much money was awarded in case 4901613?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4901613?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4901613?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10649609-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4901613 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat 3, 6 Guise Lane, Hillmorton,

How much money was awarded in case 4901613?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4901613?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4901613?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10649609-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 6 Guise Lane, Hillmorton, Christchurch 8025, Tenancy Tribunal Case 4901613 — Harassment

Order

The tenancy of [The tenant/s] at Unit/Flat 3, 6 Guise Lane, Hillmorton, Christchurch 8025, Guise Lane Courts is terminated, and possession is granted to Otautahi Community Housing Trust, at 4pm on Wednesday, 14 August 2024.

[The tenant/s] must pay Otautahi Community Housing Trust $20.44 immediately, being the Tribunal application fee.

Reasons

Representatives of the Landlord attended the hearing. I also heard from three witnesses. 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.

The landlord states that the anti-social behaviour includes excessive yelling & screaming late at night and in the early hours of the morning, repeated and incessant banging of doors, smashing windows.

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 issued notices on 23 May, 29 May and 31 May in respect of three different occurrences. I heard evidence from three other tenants of this social housing complex, which confirmed that it is more likely than not that the incidents occurred and that there have been other, frequent incidents of screaming, smashing and banging. I have taken into account the evidence presented by the witnesses.

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.

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.

As the landlord was the successful party, I must also award reimbursement of the Tribunal application fee.

Order

The tenancy of [The tenant/s] at Unit/Flat 3, 6 Guise Lane, Hillmorton, Christchurch 8025, Guise Lane Courts is terminated, and possession is granted to Otautahi Community Housing Trust, at 4pm on Wednesday, 14 August 2024.
[The tenant/s] must pay Otautahi Community Housing Trust $20.44 immediately, being the Tribunal application fee.

Reasons

Representatives of the Landlord attended the hearing. I also heard from three witnesses. 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.
The landlord states that the anti-social behaviour includes excessive yelling & screaming late at night and in the early hours of the morning, repeated and incessant banging of doors, smashing windows.
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 issued notices on 23 May, 29 May and 31 May in respect of three different occurrences. I heard evidence from three other tenants of this social housing complex, which confirmed that it is more likely than not that the incidents occurred and that there have been other, frequent incidents of screaming, smashing and banging. I have taken into account the evidence presented by the witnesses.
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.
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.
As the landlord was the successful party, I must also award reimbursement of the Tribunal application fee.

Tenancy Tribunal case 4901613 — Harassment at Unit/Flat 3, 6 Guise Lane, Hillmorton, Christchurch 8025,

At a glance

Claims & awards

Tenancy Tribunal case 4901613 — Harassment at Unit/Flat 3, 6 Guise Lane, Hillmorton, Christchurch 8025,

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

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Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions