What was Tenancy Tribunal case 5021599 about?

The tribunal order states: The tenancy of Dorban Walters at Unit/Flat Unit 206, 2 Hutt Road, Manurewa,

How much money was awarded in case 5021599?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5021599?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5021599?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11001083-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5021599 about?

The tribunal order states: The tenancy of Dorban Walters at Unit/Flat Unit 206, 2 Hutt Road, Manurewa,

How much money was awarded in case 5021599?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5021599?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5021599?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11001083-Tribunal_Order_Redacted.pdf.

Unit/Flat Unit 206, 2 Hutt Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 5021599 — 14-day notice

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Reasons

The landlord attended the hearing by telephone. An attempt was made to join the tenant to the hearing by telephone, but the call was disconnected.

The landlord has applied for termination of the tenancy pursuant to section 55(1)(c)(iii) Residential Tenancies Act 1986 which states: “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: (iii)Any agent of the landlord.”

Subsection 2 states, “The Tribunal may refuse to make an order if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies.”

The landlord claims that an associate of the tenant has approached two contractors who were carrying out maintenance in the common areas of the premises and that person has threatened the contactors with two knives. He has escorted the contractors from the premises while brandishing the knives.

The landlord has produced still photographs from the CCTV footage which clearly shows a person following two contractors while holding two knives in front of him.

The landlord has complained to the Police in respect of this incident.

At the hearing the landlord advised that the associate of the tenant had come from the tenant’s flat just prior to this incident. The landlord also advised that this person is residing with the tenant even though the tenancy agreement records that only the tenant and a named one year old child is to reside at the premises.

The tenant received notice of the hearing and did not attend the hearing to oppose the order sought.

On the evidence produced I am satisfied that the person in the CCTV footage, who I am told is an associate of the tenant, has threatened to assault agents of the landlord, being two contractors also recorded in the footage.

As this is not a breach capable of remedy subsection 2 of section 55 does not apply.

The tenancy is terminated immediately.

As requested, I have suppressed the name of the landlord given that the application was successful.

Reasons

The landlord attended the hearing by telephone. An attempt was made to join the tenant to the hearing by telephone, but the call was disconnected.

The landlord has produced still photographs from the CCTV footage which clearly shows a person following two contractors while holding two knives in front of him.

The landlord has complained to the Police in respect of this incident.

The tenant received notice of the hearing and did not attend the hearing to oppose the order sought.

As this is not a breach capable of remedy subsection 2 of section 55 does not apply.

The tenancy is terminated immediately.

As requested, I have suppressed the name of the landlord given that the application was successful.

Tenancy Tribunal case 5021599 — 14-day notice at Unit/Flat Unit 206, 2 Hutt Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5021599 — 14-day notice at Unit/Flat Unit 206, 2 Hutt Road, Manurewa, Auckland 2102

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions