What was Tenancy Tribunal case 5061391 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5061391?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5061391?

The primary dispute was 14-day notice. Related themes: Mould & damp.

Where can I read the official tribunal order for case 5061391?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11125914-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5061391 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5061391?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5061391?

The primary dispute was 14-day notice. Related themes: Mould & damp.

Where can I read the official tribunal order for case 5061391?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11125914-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5061391 — 14-day notice

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the [Tenant] name and identifying details.
The Application is dismissed.

Reasons

Both parties attended the hearing.
This is an application by the Landlord for termination of the tenancy under section 55(1)(c) of the Residential Tenancies Act 1986 (the Act), on the grounds that the Tenant's partner physically assaulted the landlord's agent, specifically the property manager S B, on 24 October 2024. Background:
Landlord’s Claims: a. On 24 October 2024, property manager S B, accompanied by another property manager, J E, attempted to conduct a routine inspection of the premises. The Tenant had been sent an inspection notification on 21 October 2024. b. Upon arrival, the Tenant, along with two male friends (one of whom is purported to be the Tenant’s partner), refused access and became verbally aggressive. c. The Tenant’s partner allegedly exited the property via the back door, approached S B at the front door, violently grabbed her, and pushed her away from the property while issuing verbal threats. d. A police report was filed immediately after the incident, with the file number 241024/2197. No further action has been taken by police. e. The Landlord did not issue a breach notice to the Tenant prior to filing this application.
Tenant’s Response: a. The Tenant categorically denies that any assault occurred. b. She states her partner was inside with her the entire time. c. She acknowledges asking the property managers to leave due to personal circumstances involving her daughter. d. She has concerns about the property’s condition, citing issues with black mould and a deteriorating roof affecting her child’s health. e. She is preparing an application to the Tribunal regarding these issues. f. She has been reluctant to allow access to the property, possibly due to these concerns. g. She is engaging with a housing support agency and has three children in her care.
Additional Evidence: a. Two pest control companies provided statements indicating that the Tenant is challenging to deal with and often declines entry. b. One of two contractors, from the second pest control company, is allegedly a friend or acquaintance of J E, potentially affecting independence and impartiality. S B did not challenge this on behalf of J E, who was not present when the contractors were questioned. c. The Tenant claims contractors have often arrived without proper notice and has been resistant to them entering the roof space due to its compromised structural integrity. d. An email from the first, pest control company, manager alleged that a contractor found the Tenant passed out with a needle in her arm while her child was present, and that the police were contacted. e. Upon further investigation, the manager admitted that the allegation about the needle was not based on the contractor’s observation but was speculation stemming from office “hysteria.” f. The second pest control company suspected drug use due to the Tenant’s refusal to allow entry but had no direct evidence. g. One contractor reported that the Tenant’s partner was “standoffish” and “passive-aggressive,” but another colleague did not corroborate this behaviour. h. There was no evidence connecting the Tenant to drug use at the premises, and the Landlord had not sought to terminate the tenancy on that basis, and most of this evidence was raised by the Landlord to impeach the credit of the Tenant and her house guests. i. The Landlords agree they should have left when asked by the Tenant and should have served a breach notice for preventing entry rather than escalating the situation.
Section 55(1)(c) of the Residential Tenancies Act 1986 mandates that the Tribunal shall make an order terminating the tenancy if satisfied that: The tenant has assaulted, or has permitted any other person to assault, any agent of the landlord.
Section 55(2) allows the Tribunal to refuse to make a termination order if it is satisfied that: a. The breach has been remedied (where capable of remedy); b. The landlord has been compensated for any loss arising from the breach, and c. It is unlikely that the tenant will commit any further breach of a kind to which this section applies.
The Tribunal must be satisfied on the balance of probabilities—that it is more likely than not that the alleged assault occurred. Issues for Determination
Did the Tenant or someone permitted by the Tenant assault the Landlord’s agent,

S B, on 24 October 2024?

If so, is the Tribunal required to terminate the tenancy under s 55(1)(c)?
Are there any grounds under s 55(2) to refuse the termination? Assessment of Evidence
Accounts of S B and J E: a. In the application, S B’s evidence states that the Tenant’s partner exited the property via the back door, approached the front door, grabbed her violently, and pushed her away aggressively, accompanied by verbal threats. b. During questioning, S B reiterated that she was pushed away by the Tenant’s partner but did not mention her arm being grabbed or any close physical contact such as being chest to chest. c. J E, who was not present during S B’s initial questioning, provided a differing account. She stated that the Tenant’s partner grabbed S B’s arm as he forced his way between a wall and S B, and they were chest to chest at one point.
Comparison and Evaluation a. There are inconsistencies between S B’s and J E’s accounts regarding the nature of the physical contact. b. S B’s omission of key details mentioned by J E (grabbing of the arm and being chest to chest) raises questions about the accuracy and reliability of their testimonies. c. The discrepancies suggest that either the incident was not as severe as described or that the recollections are unreliable.
Tenant’s Position a. The tenant denies that the assault occurred and asserts that her partner was inside with her during the entire interaction. b. No independent third-party witnesses to the alleged assault were present. c. There is no police report or charge provided as evidence. d. The Tenant asserts that contractors and property managers have often not given adequate notice before arriving at the premises. e. The recently engaged contractors claim to have texted or orally notified the Tenant of their intended visits, but evidence of proper notice is lacking. f. One contractor is allegedly a friend or acquaintance of J E, which may affect impartiality. g. The Tenant has resisted contractors entering the roof space due to concerns about its structural integrity and potential danger. h. She fears that reporting these issues might lead to the termination of her tenancy. However, it is essential for the Landlord to be informed of such issues to address them appropriately and ensure the habitability of the premises. i. I asked the Tenant why access had not been easier and why she appeared to be hesitant to let the property managers in to inspect the premises. j. The Tenant acknowledged that when the Landlord and the Landlord’s contractors had arrived at the property there had been significant events happening; a death, schooling and health issues. k. The Tenant said S B had been in the home previously to inspect it, and S B acknowledged this was true. l. I did not find the Tenant’s credibility to have been impeached in this exchange.
Determination on Assault Allegation a. Given the conflicting accounts and lack of corroborating evidence (such as a police report, medical reports, or independent witness accounts), the Tribunal cannot be satisfied, on the balance of probabilities, that the alleged assault occurred as described. b. The inconsistencies undermine the credibility of the Landlord’s evidence, making it insufficient to justify termination under s 55(1)(c). c. The Tenant provided a consistent narrative and acknowledged prior interactions with S B without incident, although some aspects were unclear. Conclusion
The Tribunal is not satisfied that the Tenant permitted an assault on the property manager. Therefore, termination under s 55(1)(c) is not justified.
The Landlords did not follow proper procedures for addressing denial of access, such as issuing a 14-day breach notice under s 56.
Both parties have contributed to communication breakdowns and escalating tensions.
I suppress the Tenant’s name and identifying details at this juncture as the prejudicial weight of the evidence considered is likely to adversely impact her future housing prospects, and the Landlord’s claim has not succeeded. Had an assault been established, I would not have granted name suppression.

Tenancy Tribunal case 5061391 — 14-day notice

At a glance

Tenancy Tribunal case 5061391 — 14-day notice

At a glance

Claims & awards

Order

Reasons

S B, on 24 October 2024?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

S B, on 24 October 2024?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions