Published tribunal order
Tenancy Tribunal case 4992610 — Rent arrears at Unit/Flat 12, 3 Takaro Avenue, Sockburn, Christchurch
Decided 20 Sept 2024 · Published 20 Sept 2024 · Application 4992610
- Rent arrears
- 14-day notice
- Exemplary damages
- Harassment
Order
- The tenancy is terminated immediately and possession granted to Otautahi Community Housing Trust at 3.30pm today, 20 September 2024.
- [The tenant/s] must pay Otautahi Community Housing Trust the sum of $27.00.
Reasons
- The landlord attended the hearing which was conducted remotely. Two attempts to reach the tenant by phone were unsuccessful.
- 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 is: a. repeatedly turning off the power, affecting other tenants; b. screaming at another tenant and being abusive leading to the Police being called; c. banging on the door of another tenant, refusing to leave and continuing to bang on the door.
- 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 provided evidence of the notices sent by DX to the tenant on 5 September, 9 September and 10 September. The notices comply with the requirements above. I am satisfied that the conduct described amounts to anti- social behaviour.
- In addition, the landlord is now paying for Armourguard to oversee the property because the other tenants are now concerned for their safety.
- 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. Accordingly the tenancy is terminated immediately.
- The landlord has also applied for termination of the tenancy for breach of the tenant’s obligations. If I had not terminated for anti-social behaviour, I would, in any event have terminated for the breaches under section 56(1) and so I have proceeded to make that order.
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
- Otautahi Community Housing Trust claims the tenant has interfered with a means of escape from fire and has failed to keep the premises reasonably clean and tidy.
- A tenant must not cause or permit any interference with, or render inoperative, any means of escape from fire within the meaning of the Building Act 2004. See section 40(2)(ab) Residential Tenancies Act 1986. The definition of “means of escape from fire” means continuous unobstructed routes of travel from any part of the floor area of that building to a place of safety.
- Having been notified by neighbours that there had been no sight of the tenant for some time, the landlord conducted an inspection on 24 June 2024. The door to the premises was unlocked. The landlord produced photographs showing the sliding door and window off the lounge were completely barricaded with furniture. It was tethered together and cords were then attached to the door handle/lock. If there was a fire in the kitchen and the front door could not be used, this sliding door is a means of escape. The bedroom window was similarly barricaded and on the outside balcony a large sofa was placed on its side, vertically blocking that window.
- The state of the property was in complete disarray, with food scraps and dirty pots on the stove which was also filthy. There was a considerable amount of crumbs and debris on the floor.
- Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
- On 1 July 2024 two notices were served on the tenant, one requiring him to clean the property and the other requiring him to unblock the exits.
- On 22 July 2024 a further notice was served notifying him that it was believed he was not living at the property.
- In the meantime, as noted above, the tenant has been back to the complex.
- The landlord advised that the sofa remains on the balcony. Nothing has been moved. The tenant has not remedied the breaches.
- It would be inequitable to refuse to terminate the tenancy because the property is now hazardous. The landlord is concerned for the safety of the tenant and/or anyone who might try to stay at the property. The tenancy is terminated immediately.
- Because Otautahi Community Housing Trust has wholly succeeded with the claim I must reimburse the filing fee.
- The landlord also seeks exemplary damages for the barricading of the means of escape from fire. I indicated that I would make an award, but note that in fact this matter was not included in the original application, and therefore in the notice of hearing. The tenant is also now more than 21 days in arrears.
- The landlord may bring a further application for exemplary damages and rent arrears.