What was Tenancy Tribunal case 4915974 about?

The tribunal order states: The tenancy of Kristina Theodore at [Tenancy address suppressed] is

How much money was awarded in case 4915974?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4915974?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4915974?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10553635-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4915974 about?

The tribunal order states: The tenancy of Kristina Theodore at [Tenancy address suppressed] is

How much money was awarded in case 4915974?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4915974?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4915974?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10553635-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4915974 — Harassment

Order

The tenancy of Kristina Theodore at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 10:00am on Monday 15 July 2024.

Reasons

The landlord’s representatives attended the hearing today. Ms Theodore attended and was supported by a representative who works for the landlord. The landlord is a social housing provider.
Ms Theodore said that she has an allocated mental health key worker. The landlord’s representative said that she had asked this person to attend the hearing to support the tenant. The key worker is not at the hearing today.
The landlord has applied to the Tribunal for an order to terminate the periodic tenancy on the grounds of anti-social behaviour from the tenant or someone on the premises with the tenant’s permission.
Ms Theodore said that she has a lawyer. She says that she is getting support to get better. She says she wants to stay at the property if it is ok with the neighbours but otherwise, she accepts the eviction.
The landlord’s evidence is that the anti-social behaviour is repeated loud noise through the night, verbal abuse towards neighbours, an incident where a neighbour was lunged at which resulted in her being assaulted and falling and breaking her arm, and verbal threats to kill the landlord’s representatives.
I heard direct evidence that satisfies me that the three alleged incidents of anti- social behaviour by the tenant or the tenant’s sister did take place within a 90- day period starting on 31 May 2024.
The tenant is legally responsible for her actions and the actions of her sister who was present at the tenancy premises with the tenant’s permission.
On each occasion the landlord has given the tenant written notice - i. describing clearly which specific behaviour was 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.
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.
There are ten units close together in this complex.
The neighbours and the landlords’ representatives are distressed by the events that have taken place.
The police have given Ms Theodore’s sister a Trespass Notice to stay away from this address, but she keeps coming back. There is evidence that she was in the tenancy premises as recently as last night and that there was more loud noise and disturbance into the early hours of the morning. The situation is not getting better.
It would not be unfair to terminate the tenancy and 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.
The landlord says that the tenant has been offered a place at a residential care facility but that she must voluntarily accept this place. Ms Theodore says she will ask her lawyer about this.
Ms Theodore left the hearing before it finished. Before she left, she suggested that she could move out this Friday. After consultation with the landlord, I have set the termination date for next Monday 15 July 2024.
I suppress the landlord’s name, as applied for. I suppress the tenancy address in the interests of the other occupants at the complex.

Order

The tenancy of Kristina Theodore at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 10:00am on Monday 15 July 2024.

Reasons

The landlord’s representatives attended the hearing today. Ms Theodore attended and was supported by a representative who works for the landlord. The landlord is a social housing provider.
Ms Theodore said that she has an allocated mental health key worker. The landlord’s representative said that she had asked this person to attend the hearing to support the tenant. The key worker is not at the hearing today.
The landlord has applied to the Tribunal for an order to terminate the periodic tenancy on the grounds of anti-social behaviour from the tenant or someone on the premises with the tenant’s permission.
Ms Theodore said that she has a lawyer. She says that she is getting support to get better. She says she wants to stay at the property if it is ok with the neighbours but otherwise, she accepts the eviction.
The landlord’s evidence is that the anti-social behaviour is repeated loud noise through the night, verbal abuse towards neighbours, an incident where a neighbour was lunged at which resulted in her being assaulted and falling and breaking her arm, and verbal threats to kill the landlord’s representatives.
I heard direct evidence that satisfies me that the three alleged incidents of anti- social behaviour by the tenant or the tenant’s sister did take place within a 90- day period starting on 31 May 2024.
The tenant is legally responsible for her actions and the actions of her sister who was present at the tenancy premises with the tenant’s permission.
On each occasion the landlord has given the tenant written notice - i. describing clearly which specific behaviour was 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.
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.
There are ten units close together in this complex.
The neighbours and the landlords’ representatives are distressed by the events that have taken place.
The police have given Ms Theodore’s sister a Trespass Notice to stay away from this address, but she keeps coming back. There is evidence that she was in the tenancy premises as recently as last night and that there was more loud noise and disturbance into the early hours of the morning. The situation is not getting better.
It would not be unfair to terminate the tenancy and 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.
The landlord says that the tenant has been offered a place at a residential care facility but that she must voluntarily accept this place. Ms Theodore says she will ask her lawyer about this.
Ms Theodore left the hearing before it finished. Before she left, she suggested that she could move out this Friday. After consultation with the landlord, I have set the termination date for next Monday 15 July 2024.
I suppress the landlord’s name, as applied for. I suppress the tenancy address in the interests of the other occupants at the complex.

Tenancy Tribunal case 4915974 — Harassment

At a glance

Tenancy Tribunal case 4915974 — Harassment

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