What was the outcome of Tenancy Tribunal case 5021846?

The tribunal order states: The tenancy of Erana Ezmeralda Rangi Wilson at 18E Fyfe Avenue, Papatoetoe,

How much money was awarded in case 5021846?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5021846?

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

Where can I read the official tribunal order for case 5021846?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11086974-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5021846?

The tribunal order states: The tenancy of Erana Ezmeralda Rangi Wilson at 18E Fyfe Avenue, Papatoetoe,

How much money was awarded in case 5021846?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5021846?

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

Where can I read the official tribunal order for case 5021846?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11086974-Tenancy_Tribunal_Order.pdf.

18E Fyfe Avenue, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 5021846 — 14-day notice

Order

The tenancy of Erana Ezmeralda Rangi Wilson at 18E Fyfe Avenue, Papatoetoe, Auckland 2025 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11:59pm Friday 29 November 2024.

Reasons

Both parties attended the rehearing by remote teleconference.
The landlord has applied for termination of the tenancy pursuant to section 55 (1)( c ) of the Residential Tenancies Act 1986 (“RTA”). The landlord also seeks termination for breach of quiet enjoyment pursuant to section 40 (2)( c ) of the same Act.
The landlord says that the tenant has assaulted the neighbouring tenant. The alleged assault happened on 18 September 2024. The landlord is also making a claim under the breach of quiet enjoyment provisions of the RTA.
The landlord claims that on 18 September 2024, at 10:00am, a Kāinga Ora neighbour from 18F Fyfe Avenue, entered the Kāinga Ora office with her family, appearing visibly distressed and bearing multiple facial and hand injuries. She reported that these injuries resulted from a physical altercation with her neighbour, Ms Wilson and her partner who lives in unit 18E. The neighbour said the incident occurred earlier that day while she was seated in her vehicle after confronting Ms Wilson about slashing her tires and ramming her car. Ms Wilson and her partner approached her and initiated a physical assault, witnessed by this neighbour’s family and other nearby tenants.
The tenant says that she is the victim and maintains that she acted in self- defence. The tenant filed her own documents in support, including letters and a Tik Tok video taken by the neighbour in support of her response, all of which I have considered.
The tenant emailed the registry a Tik Tok video recorded by the neighbour. The video is not terribly helpful and does very little to support either position other than to confirm that both this tenant and the neighbour have acted inappropriately toward each other. The language in both videos is appalling.
She says that she was the one who was assaulted and anything she did was in self-defence. The tenant says that she punched back after the neighbour and her family had punched her while she was sitting in her car.
The matter was reported to the police, but the landlord is not aware of any charges being laid. The police, in a reporting document dated 18 September 2024 recognised that there were elements of mutual instigation.
The landlord’s position is that it is the tenant who retaliated by assaulting the neighbour.
The landlord says that no action was taken against the neighbour in respect of an assault given that she agreed to move.
The landlord provided a witness statement dated 3 October 2024 confirming that there was an altercation between the tenant and the neighbour. The witness stated that “F (the neighbour) was on the phone with her family and soon her family pull up and when straight to F and that’s when everything escalate. And myself and A, D house when to break them up and that’s where E (the tenant) attack F and we went to pull them apart”.
The other witness is the Kainga Ora Housing Support Manager who was there in the office when the neighbour came to report the assault.
The landlord also provided 3 separate Tik Tok videos produced by the tenant. In the first video the tenant in as much admits to assaulting the neighbour (“I took those f_____ shots in a smile bitch”). The tone and foul language of all three videos is clearly designed to intimidate and threaten the neighbour should she ever return.

Should the tenancy be terminated?

The Tribunal must make an order terminating the tenancy if it is satisfied that “the tenant has assaulted, or has threatened to assault, or has caused or permitted any person to assault, or to threaten to assault...any neighbour”.
Assault is the intentional application of force to the person of another without their consent.
I am satisfied on the balance of probabilities that the tenant has assaulted the neighbour.
Given the threatening language recorded in the Tik Tok videos, I am satisfied that it is also likely the tenant will cause further harm if the neighbour were to return to the property.
The Tribunal may also terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate.
Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable of remedy where the thing done, or its effect, cannot be undone.
The tenant has also breached her obligations by interfering with “the reasonable peace, comfort, or privacy of the landlord's other tenants or of anyone else living in the neighbourhood.”
A tenant must not cause or permit interference with the reasonable peace, comfort, or privacy of the landlord's other tenants or of anyone else living in the neighbourhood. See section 40(2)(c) Residential Tenancies Act 1986.
The breach is not capable of remedy because the assault, threats and intimidation have now happened and cannot be undone.
Accordingly, the landlord claims are proven and the tenancy must be terminated.

Order

The tenancy of Erana Ezmeralda Rangi Wilson at 18E Fyfe Avenue, Papatoetoe, Auckland 2025 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11:59pm Friday 29 November 2024.

Reasons

Both parties attended the rehearing by remote teleconference.
The landlord has applied for termination of the tenancy pursuant to section 55 (1)( c ) of the Residential Tenancies Act 1986 (“RTA”). The landlord also seeks termination for breach of quiet enjoyment pursuant to section 40 (2)( c ) of the same Act.
The landlord says that the tenant has assaulted the neighbouring tenant. The alleged assault happened on 18 September 2024. The landlord is also making a claim under the breach of quiet enjoyment provisions of the RTA.
The landlord claims that on 18 September 2024, at 10:00am, a Kāinga Ora neighbour from 18F Fyfe Avenue, entered the Kāinga Ora office with her family, appearing visibly distressed and bearing multiple facial and hand injuries. She reported that these injuries resulted from a physical altercation with her neighbour, Ms Wilson and her partner who lives in unit 18E. The neighbour said the incident occurred earlier that day while she was seated in her vehicle after confronting Ms Wilson about slashing her tires and ramming her car. Ms Wilson and her partner approached her and initiated a physical assault, witnessed by this neighbour’s family and other nearby tenants.
The tenant says that she is the victim and maintains that she acted in self- defence. The tenant filed her own documents in support, including letters and a Tik Tok video taken by the neighbour in support of her response, all of which I have considered.
The tenant emailed the registry a Tik Tok video recorded by the neighbour. The video is not terribly helpful and does very little to support either position other than to confirm that both this tenant and the neighbour have acted inappropriately toward each other. The language in both videos is appalling.
She says that she was the one who was assaulted and anything she did was in self-defence. The tenant says that she punched back after the neighbour and her family had punched her while she was sitting in her car.
The matter was reported to the police, but the landlord is not aware of any charges being laid. The police, in a reporting document dated 18 September 2024 recognised that there were elements of mutual instigation.
The landlord’s position is that it is the tenant who retaliated by assaulting the neighbour.
The landlord says that no action was taken against the neighbour in respect of an assault given that she agreed to move.
The landlord provided a witness statement dated 3 October 2024 confirming that there was an altercation between the tenant and the neighbour. The witness stated that “F (the neighbour) was on the phone with her family and soon her family pull up and when straight to F and that’s when everything escalate. And myself and A, D house when to break them up and that’s where E (the tenant) attack F and we went to pull them apart”.
The other witness is the Kainga Ora Housing Support Manager who was there in the office when the neighbour came to report the assault.
The landlord also provided 3 separate Tik Tok videos produced by the tenant. In the first video the tenant in as much admits to assaulting the neighbour (“I took those f_____ shots in a smile bitch”). The tone and foul language of all three videos is clearly designed to intimidate and threaten the neighbour should she ever return.

Should the tenancy be terminated?

The Tribunal must make an order terminating the tenancy if it is satisfied that “the tenant has assaulted, or has threatened to assault, or has caused or permitted any person to assault, or to threaten to assault...any neighbour”.
Assault is the intentional application of force to the person of another without their consent.
I am satisfied on the balance of probabilities that the tenant has assaulted the neighbour.
Given the threatening language recorded in the Tik Tok videos, I am satisfied that it is also likely the tenant will cause further harm if the neighbour were to return to the property.
The Tribunal may also terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate.
Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable of remedy where the thing done, or its effect, cannot be undone.
The tenant has also breached her obligations by interfering with “the reasonable peace, comfort, or privacy of the landlord's other tenants or of anyone else living in the neighbourhood.”
A tenant must not cause or permit interference with the reasonable peace, comfort, or privacy of the landlord's other tenants or of anyone else living in the neighbourhood. See section 40(2)(c) Residential Tenancies Act 1986.
The breach is not capable of remedy because the assault, threats and intimidation have now happened and cannot be undone.
Accordingly, the landlord claims are proven and the tenancy must be terminated.

Tenancy Tribunal case 5021846 — 14-day notice at 18E Fyfe Avenue, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 5021846 — 14-day notice at 18E Fyfe Avenue, Papatoetoe, Auckland 2025

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