What was the outcome of Tenancy Tribunal case 4901733?

The tribunal order states: The tenancy of Awhina Leigh-Monica Peraua and Ropata Simons at Unit/Flat 2,

How much money was awarded in case 4901733?

Filing Fee: $20.44 awarded to landlord; Water Rates: $489.91 awarded to landlord

What type of tenancy dispute was case 4901733?

The dispute type was not classified.

Where can I read the official tribunal order for case 4901733?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10652136-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4901733?

The tribunal order states: The tenancy of Awhina Leigh-Monica Peraua and Ropata Simons at Unit/Flat 2,

How much money was awarded in case 4901733?

Filing Fee: $20.44 awarded to landlord; Water Rates: $489.91 awarded to landlord

What type of tenancy dispute was case 4901733?

The dispute type was not classified.

Where can I read the official tribunal order for case 4901733?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10652136-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 54 Ambler Avenue, Glen Eden, Auckland 0602 Tenancy Tribunal Case 4901733 — Tenancy dispute

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Order

Claims and awards in Tenancy Tribunal application 4901733 — net $510.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$489.91	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$510.35
Bond	$510.35
Total payable by Tenant to Landlord	$510.35

The tenancy of Awhina Leigh-Monica Peraua and Ropata Simons at Unit/Flat 2, 54 Ambler Avenue, Glen Eden, Auckland 0602 is terminated, and possession is granted to Ark Property Management Services Limited, at 11.59pm on Sunday 4 August 2024.

Awhina Leigh-Monica Peraua and Ropata Simons must pay Ark Property Management Services Limited $510.35 immediately, to be paid from the bond, as calculated below:

The Bond Centre is to pay $510.35 from the bond of $1,980.00 (3316103-013) to Ark Property Management Services Limited immediately.

The balance of the bond of $1,469.65 is to remain at the Bond Centre.

The application for compensation for the repair of damage is withdrawn.

Reasons

Mr and Mrs Jaiswal represented the landlord. The tenants did not attend the hearing.

The landlord has applied to terminate the tenancy because the tenants have caused substantial damage to the premises. The landlord also seeks payment of the outstanding water rates and the filing fee.

As well, the landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenants or someone on the premises with the tenants’ permission. Termination for anti-social behaviour – section 55A of the Residential Tenancies Act 1986 (RTA)

The landlord states that the anti-social behaviour is repeated noise and shouting in the early hours of the morning resulting in numerous complaints by neighbours.

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 considered the evidence presented by the landlord. Mr Jaiswal said that in addition to the 3 notices given to the tenants a further 4 notices have been given for the same anti-social behaviour, some of the incidents involving police callouts.

I have determined that the landlord has established that anti-social behaviour has occurred on the premises by the tenants or a person at the premises with the tenants’ permission. The landlord has served notices on the tenants as required, 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 considering 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 tenants, in making an order for termination of the tenancy. Termination for substantial damage to the premises – section 55(1)(b)

RTA

As well as termination for anti-social behaviour, the landlord has provided evidence that the tenants have caused substantial damage to the premises. Walls, doors, and ceilings have numerous holes in them, and windows have been broken. A quote for the repairs exceeds $13,000.00.

The Tribunal can terminate a tenancy under section 55(1)(b) RTA when a tenant has caused, or has permitted any other person to cause, substantial damage to the premises.

This ground for termination of the tenancy is proved as well. Compensation for repairs

The landlord has withdrawn a claim for compensation for the repair work and may make that application again once it has possession of the premises and can properly assess the damage. Outstanding water rates and filing fee

The landlord has provided invoices for water rates to support a claim for water rates owed by the tenants, less the fixed charge component.

The application is successful, so the tenants must pay the landlord’s Tribunal filing fee. Result

The tenancy is terminated. Possession will pass to the landlord at 11.59pm on Sunday 4 August 2024.

The tenants will pay the landlord $510.35 from the bond. The balance of the bond will remain at the Bond Centre.

Order

Claims and awards in Tenancy Tribunal application 4901733 — net $510.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$489.91	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$510.35
Bond	$510.35
Total payable by Tenant to Landlord	$510.35

Awhina Leigh-Monica Peraua and Ropata Simons must pay Ark Property Management Services Limited $510.35 immediately, to be paid from the bond, as calculated below:

The Bond Centre is to pay $510.35 from the bond of $1,980.00 (3316103-013) to Ark Property Management Services Limited immediately.

The balance of the bond of $1,469.65 is to remain at the Bond Centre.

The application for compensation for the repair of damage is withdrawn.

Reasons

Mr and Mrs Jaiswal represented the landlord. The tenants did not attend the hearing.

The landlord states that the anti-social behaviour is repeated noise and shouting in the early hours of the morning resulting in numerous complaints by neighbours.

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 cannot consider the impact on the tenants, in making an order for termination of the tenancy. Termination for substantial damage to the premises – section 55(1)(b)

RTA

The Tribunal can terminate a tenancy under section 55(1)(b) RTA when a tenant has caused, or has permitted any other person to cause, substantial damage to the premises.

This ground for termination of the tenancy is proved as well. Compensation for repairs

The landlord has provided invoices for water rates to support a claim for water rates owed by the tenants, less the fixed charge component.

The application is successful, so the tenants must pay the landlord’s Tribunal filing fee. Result

The tenancy is terminated. Possession will pass to the landlord at 11.59pm on Sunday 4 August 2024.

The tenants will pay the landlord $510.35 from the bond. The balance of the bond will remain at the Bond Centre.

Tenancy Tribunal case 4901733 — Tenancy dispute at Unit/Flat 2, 54 Ambler Avenue, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 4901733 — Tenancy dispute at Unit/Flat 2, 54 Ambler Avenue, Glen Eden, Auckland 0602

At a glance

Award balance

Claims & awards

Order

Reasons

RTA

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

RTA

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions