What was Tenancy Tribunal case 5078228 about?

The tribunal order states: The tenancy of [The party] and [The party] at 23 Waterford Park Drive,

What type of tenancy dispute was case 5078228?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5078228?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11272162-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5078228 about?

The tribunal order states: The tenancy of [The party] and [The party] at 23 Waterford Park Drive,

What type of tenancy dispute was case 5078228?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5078228?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11272162-Tenancy_Tribunal_Order.pdf.

23 Waterford Park Drive, Papamoa Beach, Papamoa 3118 Tenancy Tribunal Case 5078228 — Harassment

Claims and awards in Tenancy Tribunal application 5078228. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
of	$27.00		of

Order

The tenancy of [The party] and [The party] at 23 Waterford Park Drive, Papamoa Beach, Papamoa 3118 is terminated at 11.59pm on Tuesday 28 January 2025 and possession is given immediately after to the Beach Realty Rentals Limited Acting Agents for Maria and Steve Tasker.
[The party] and [The party] must pay the landlord immediately the sum of $27.00 being the reimbursement of the filing fee.

Reasons

Both parties attended the hearing.
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 swearing, yelling, arguing, threats made to neighbours, damage to property, and causing disturbances that have required police attendance on 6 occasions from June 2024 to December 2024.
The resulting anti-social behaviour has caused upset to neighbours and the landlord has received numerous complaints from a number of neighbours affected by the ongoing behaviour.
Both tenants accept that there have been incidents of anti-social behaviour and that the police have had to attend the property on 6 occasions during the last 6 months.
The tenants explain that one of them suffers from mental health problems and that her medication was not suitable at the time. They say that there have not been any further incidents between them since late November 2024 as the tenant has been stabilised on new medication.
However, the landlord pointed out that there was another disturbance requiring police interference on 9 December 2024. The tenants confirmed this is correct but say it was involving another person at the address and not a recurrence of the previous anti-social behaviour between them due to mental health “outbursts.”
Both tenants accept the anti-social behaviour would have a significant impact on their neighbours. The tenants say that it is the neighbours that ring the police when there are arguments, swearing, yelling and disturbances at the house.
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.
I have taken into account the evidence presented by the parties as set out above.
I have determined that the landlord has established that anti-social behaviour has occurred on the premises by the tenants or a person on the tenancy with the tenant’s permission. The landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
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 tenants, in making an order for termination of the tenancy.
The tenancy of [The party] and [The party] at 23 Waterford Park Drive, Papamoa Beach is to terminate at 11.59pm on Tuesday 28 th January 2025 and possession is granted to the landlord after this time.
Because Beach Realty Rentals Limited Acting Agents For Maria & Steve Tasker has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5078228. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
of	$27.00		of

Order

The tenancy of [The party] and [The party] at 23 Waterford Park Drive, Papamoa Beach, Papamoa 3118 is terminated at 11.59pm on Tuesday 28 January 2025 and possession is given immediately after to the Beach Realty Rentals Limited Acting Agents for Maria and Steve Tasker.
[The party] and [The party] must pay the landlord immediately the sum of $27.00 being the reimbursement of the filing fee.

Reasons

Both parties attended the hearing.
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 swearing, yelling, arguing, threats made to neighbours, damage to property, and causing disturbances that have required police attendance on 6 occasions from June 2024 to December 2024.
The resulting anti-social behaviour has caused upset to neighbours and the landlord has received numerous complaints from a number of neighbours affected by the ongoing behaviour.
Both tenants accept that there have been incidents of anti-social behaviour and that the police have had to attend the property on 6 occasions during the last 6 months.
The tenants explain that one of them suffers from mental health problems and that her medication was not suitable at the time. They say that there have not been any further incidents between them since late November 2024 as the tenant has been stabilised on new medication.
However, the landlord pointed out that there was another disturbance requiring police interference on 9 December 2024. The tenants confirmed this is correct but say it was involving another person at the address and not a recurrence of the previous anti-social behaviour between them due to mental health “outbursts.”
Both tenants accept the anti-social behaviour would have a significant impact on their neighbours. The tenants say that it is the neighbours that ring the police when there are arguments, swearing, yelling and disturbances at the house.
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.
I have taken into account the evidence presented by the parties as set out above.
I have determined that the landlord has established that anti-social behaviour has occurred on the premises by the tenants or a person on the tenancy with the tenant’s permission. The landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
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 tenants, in making an order for termination of the tenancy.
The tenancy of [The party] and [The party] at 23 Waterford Park Drive, Papamoa Beach is to terminate at 11.59pm on Tuesday 28 th January 2025 and possession is granted to the landlord after this time.
Because Beach Realty Rentals Limited Acting Agents For Maria & Steve Tasker has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5078228 — Harassment at 23 Waterford Park Drive, Papamoa Beach, Papamoa 3118

At a glance

Tenancy Tribunal case 5078228 — Harassment at 23 Waterford Park Drive, Papamoa Beach, Papamoa 3118

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions