What was Tenancy Tribunal case 4954417 about?

The tribunal order states: The tenancy of Samuel October at [Tenancy address suppressed] is

How much money was awarded in case 4954417?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4954417?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4954417?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10743840-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4954417 about?

The tribunal order states: The tenancy of Samuel October at [Tenancy address suppressed] is

How much money was awarded in case 4954417?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4954417?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4954417?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10743840-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4954417 — 14-day notice

Tenantcheck Insights

Reasons

The landlord’s representative attended the hearing. The tenant did not attend. I conducted the hearing by phone. My call to the tenant went to voice mail.

The landlord has applied for termination of the tenancy for assault/threat of assault by the tenant towards a neighbour.

What happened?

In addition to on-going threats of assault including verbal abuse and the throwing of mandarins towards his neighbour’s house, the tenant threatened to assault his neighbour with a hammer on 13 July 2024.

The tenant was charged. He pleaded guilty to charges arising from the threat of assault and was sentenced to 50 hours community work. The law

Section 55(1)(c) of the Residential Tenancies Act 1986 (RTA) provides: (1) Subject to subsection (2), on any application made to it under this section by the landlord, the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that— (c) the tenant has assaulted, or has threatened to assault, or has caused or permitted any person to assault, or to threaten to assault, any of the following persons: (i) the landlord or any member of the landlord’s family: (ii) the owner of the premises or any member of the owner’s family: (iii) any agent of the landlord: (iv) any occupier of any building of which the premises constitute a part: (v) any neighbour of the premises or of any building of which the premises constitute a part. The evidence

The evidence provided by the landlord (a police statement made by another neighbour of the tenant, and the victim impact statement made by the victim of the threats of assault) establish that the tenant threatened to assault his neighbour.

The statements establish that the tenant has shown a pattern of behaviour over time throwing mandarins at his neighbours house as well. That is anti-social behaviour. While not the basis for this application it provides relevant background. Result

The fact that the tenant pleaded guilty to the charges that arose from his threat to assault his neighbour on 13 July 2024 establishes that the threat of assault occurred.

When that is established, section 55(1)(c) RTA provides that the Tribunal shall terminate the tenancy; the statutory language means that it must make an order.

The tenancy is therefore terminated. The landlord’s representative suggested that possession should be granted to the landlord on 27 August to allow the tenant time to relocate. I have therefore made the possession order for 11.59pm on Tuesday 27 August 2024. Name suppression

The landlord applied for, and is entitled to, an order for name suppression – see section 59A RTA.

Reasons

The landlord’s representative attended the hearing. The tenant did not attend. I conducted the hearing by phone. My call to the tenant went to voice mail.

The landlord has applied for termination of the tenancy for assault/threat of assault by the tenant towards a neighbour.

What happened?

The tenant was charged. He pleaded guilty to charges arising from the threat of assault and was sentenced to 50 hours community work. The law

The fact that the tenant pleaded guilty to the charges that arose from his threat to assault his neighbour on 13 July 2024 establishes that the threat of assault occurred.

When that is established, section 55(1)(c) RTA provides that the Tribunal shall terminate the tenancy; the statutory language means that it must make an order.

The landlord applied for, and is entitled to, an order for name suppression – see section 59A RTA.

Tenancy Tribunal case 4954417 — 14-day notice

At a glance

Tenancy Tribunal case 4954417 — 14-day notice

At a glance

Claims & awards

Order

Reasons

What happened?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

What happened?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions