What was Tenancy Tribunal case 5009708 about?

The tribunal order states: The Tribunal orders suppression of the tenancy address.

How much money was awarded in case 5009708?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5009708?

The primary dispute was 14-day notice. Related themes: Harassment.

Where can I read the official tribunal order for case 5009708?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11210564-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5009708 about?

The tribunal order states: The Tribunal orders suppression of the tenancy address.

How much money was awarded in case 5009708?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5009708?

The primary dispute was 14-day notice. Related themes: Harassment.

Where can I read the official tribunal order for case 5009708?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11210564-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5009708 — 14-day notice

Order

The Tribunal orders suppression of the tenancy address.
The tenancy of Hussein Farah at [Tenancy address suppressed] is terminated, and possession is granted to Community Of Refuge Trust Trading As Cort Community Housing, at 10.00am on Wednesday, 18 December 2024.
The landlord’s claim for compensation for damage is withdrawn (and may be included in a further application to be filed after the tenant has vacated the tenancy).

Reasons

The hearing was held by phone. Only the landlord attended the hearing, represented by Ms Antonovich and Ms Baker. The Tribunal made three attempts to call the tenant at the number provided on the application (and by the tenant himself in a call to the Tribunal in October 2024) but all three calls went to voicemail.
I am satisfied that the tenant had notice of the hearing and so the hearing proceeded in the tenant’s absence.
This matter was part-heard on 17 October 2024 and on that date orders were made for the filing of additional evidence. I note that the landlord has filed additional evidence but nothing further has been filed by the tenant in response.
The tenancy began on 21 April 2022. It is a community housing tenancy in a block of ten units. There are five units upstairs and five units downstairs.
The landlord has applied for termination of the tenancy on the basis that the tenant has assaulted, and has threatened to assault, neighbouring tenants. Onus and evidence
As with all claims before the Tribunal, the onus is on the party bringing the claim to prove their claim to the civil standard (on the balance of probabilities).
For the sake of brevity I have not referred to all of the evidence produced and considered at the hearing but the parties should be assured that all of the evidence has carefully been considered.

Should the tenancy be terminated?

Section 55(1)(c) of the Residential Tenancies Act 1986 provides that on application by the landlord the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that: a. The tenant has assaulted or has threated to assault: i. Any occupier of any building of which the premises constituted a part; and/or ii. Any neighbour of the premises or of any building of which the premises constitute a part.
The landlord says that on 19 September 2024 Mr Farah assaulted and threatened to assault a male and female tenant in separate downstairs units.
In support of the landlord’s application the landlord filed the following evidence: a. Witness statement from the male tenant dated 24 September 2024 stating: “On Thursday 19 th of September 2024 at around 8:00am I was visiting my neighbour (female tenant) to charge my Vape as I current are out of credit for power. On arriving at her unit, I found Hussein already in the unit. When I asked him what happened to my food card he got all defensive and balled his hands in to fists and started hitting me with a closed fist in the body, face and head, luckily I was able to block most of his punches and made it out of the unit, however, Hussein followed me out holding a butter knife and started to wave it in front of my face, this scared me and I returned to my unit and locked the door. At around 9:30 I heard a knock at my door, unfortunately my door was unlocked and Hussein entered my unit and at the same time throw his phone at my feet and started to kick me 2 to 3 times in my legs before stepping back and saying “I was just joking, you need to harden up” after that he left” b. Two photographs taken by police on 24 September 2024 showing the male tenant’s broken teeth; c. Police acknowledgement form in respect of the report made by the male tenant; d. Handwritten letter from the female tenant on 24 September 2024 stating: “On Thursday 19 th September in the morning, Hussein walked into my flat. Hussein physically threatened me. Hussein punched me in the head several times. Hussein was asking me for my money. I asked Hussein to leave and he left. Hussein returned. My other neighbour [male tenant] was in my flat. I witnessed Hussein hitting and threatening [male tenant]. This is not the first time that Hussein has hit me”; e. Trespass notice from male tenant on 24 September 2024; f. Trespass notice from female tenant on 24 September 2024; g. Email from the female tenant’s mother stating that her daughter is very vulnerable, that Mr Farah has been going to the bank with her daughter and taking her money (and has taken phones that she has given her daughter and a TV) and that she has been told that her daughter has been assaulted by Mr Farah; h. Clinical note from a Community Support Worker who supports the female tenant to do her grocery shopping on 19 September 2024 confirming that when she was walking to the female tenant’s door Mr Farah started spitting towards her; i. Letter from a Mental Health Nurse from Te Whatu Ora (Kāinga Tiaki Centre) dated 3 November 2023 (prior to the incident on 24 September 2024) confirming that the female tenant had reported being intimidated by Mr Farah, that he had taken her bank card and spent her benefit and that she was punched in the face by Mr Farah on 2 November 2023. j. Letter from an Occupational Therapist from Te Whatu Ora (Kāinga Tiaki Centre) dated 30 October 2024 confirming that: i. she is a key worker for the female tenant and is in daily contact; ii. Mr Farah has coerced the female tenant to allow him to access her benefit money; iii. A Community Support Worker has been engaged to walk the female tenant to the bank and to the supermarket and back to her front door; iv. Mr Farah has emotionally and physically abused the female tenant; and v. The female tenant has previously laid complaints with the police concerning Mr Farah’s behaviour but that these complaints have been withdrawn due to the female tenant’s anxiety and fear. k. Letter from the Clinical Team Leader Te Whatu Ora (Kāinga Tiaki Centre) dated 14 November 2024 confirming that two of the landlord’s other residents, who are patients of the Community Mental Health Service and are vulnerable, have been harassed. l. Handwritten letter from an unidentified tenant resident in the units, dated 21 October 2024) confirming that Mr Farah is bullying people in other units.
The Occupational Therapist referred to in paragraph 10(j) above appeared as a witness by phone to give evidence. She said that the female tenant is very vulnerable and is fearful about giving evidence. She said that she meets with the female tenant very regularly, that the female tenant disclosed the assault on 19 September 2024, and that when she next saw the female tenant she had bruising around her eye. She explained that she met with the female tenant and supported her to write the handwritten letter referred to in paragraph 10(d) above and that the female tenant clearly confirmed the allegations of assault. She said further that the tenant is currently living in respite care (away from her unit) pending the Tribunal’s determination in this matter.
Having considered all of the evidence I consider that the landlord has proven, on the balance of probabilities, that Mr Farah has assaulted, and has threatened to assault occupiers/neighbours of the building.
In reaching my conclusions I have placed particular reliance on the statements from the tenants themselves and on the statement and evidence of the Occupational Therapist who confirmed that the female tenant had confirmed the allegations to her directly.
I have disregarded the statement from the unnamed tenant as the allegations made in that statement are of a general nature and it is difficult to know whether they relate to the alleged incidents in question.
Although Mr Farah did not attend the hearing, for completeness I note that at the previous hearing he submitted a statement from the female tenant dated 22 October 2022 stating that she hadn’t made any allegations again him and wanted to withdraw the trespass notice against him. At the previous hearing Mr Farah was present with the female tenant in her unit.
I accept the evidence of the Occupational Therapist that the female tenant is vulnerable and withdraws her allegations due to “anxiety and fear of confrontation and retaliation” from Mr Farah.
As I have found the landlord’s claim proved I have made orders terminating the tenancy. The landlord, out of consideration for Mr Farah, has asked that he be given time to move from the property. I have therefore granted possession next Wednesday to allow him time to arrange his affairs. Suppression
The landlord did not seek an order for name suppression. The tenant is not entitled to an order for name suppression as he has not been the successful party. I do however consider that it is in the public interest to suppress the tenancy address to ensure that the vulnerable tenants are not identified (see section 95A Residential Tenancies Act 1986).

Tenancy Tribunal case 5009708 — 14-day notice

At a glance

Tenancy Tribunal case 5009708 — 14-day notice

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions