What was Tenancy Tribunal case 5092148 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 5092148?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5092148?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5092148?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11239287-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5092148 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 5092148?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5092148?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5092148?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11239287-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5092148 — Harassment

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The tenancy of Chance Riini at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 4pm on 6 January 2024.

Reasons

Both parties attended the hearing which was conducted by video.
The landlord is a social housing provider who works alongside [Community organisation] to support sustainable tenancies. They do everything they are able to support a tenancy continuing and applying for termination is a last option for them.
This tenancy commenced on 27 June 2024 after Mr Riini was relocated from another of the landord’s properties to this property that suited his needs better. Mr Riini’s two daughters live with him.
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 outlined the various examples of antisocial behaviour which have formed the subject of the anti social behaviour notices. • Loud music and yelling; • 3 people involved in a chase swinging a crowbar; • Fighting at the property with one person being hit with a bat; • Smashed windows at the property; • Burnouts on the road with a few people arrested. • Police have attended regularly during these events.
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 landlord said there had been issues prior to serving of the notices, but the behaviours outlined above related to notices dated 26 November, 2 December, 9 December and 16 December. They continue to get communications from neighbours who are very upset and distressed about these behaviours.
Mr Riini said that his 2 daughters live him and many of his nieces and nephews also visit. He tries to provide a safe haven for them to prevent them getting into other trouble. He said he is very grateful for having the home but unfortunately his daughters, relations and friends do not behave well and do not respect the property. He said he has attempted to stop his nieces and nephews coming to the house and is working with multiple agencies to support him in trying to turn his daughters around. He believes he is seeing small improvements but it will be a long road. He has tried to get them to see they are very lucky to have this home.
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 accept that Mr Riini is making every effort to try and modify the behaviour of his daughters, relations and friends but the instances of antisocial behaviour outlined are very recent and appear to have continued over the last month despite the notices.
I have determined that the landlord has established that anti-social behaviour has occurred on the premises by the tenant 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 behaviours arose and the notices were given. I cannot see that the landlord has acted in any retaliatory way in bringing this application.
The Act states I cannot consider the impact on the tenant in making an order for termination of the tenancy.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The tenancy of Chance Riini at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 4pm on 6 January 2024.

Reasons

Both parties attended the hearing which was conducted by video.
The landlord is a social housing provider who works alongside [Community organisation] to support sustainable tenancies. They do everything they are able to support a tenancy continuing and applying for termination is a last option for them.
This tenancy commenced on 27 June 2024 after Mr Riini was relocated from another of the landord’s properties to this property that suited his needs better. Mr Riini’s two daughters live with him.
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 outlined the various examples of antisocial behaviour which have formed the subject of the anti social behaviour notices. • Loud music and yelling; • 3 people involved in a chase swinging a crowbar; • Fighting at the property with one person being hit with a bat; • Smashed windows at the property; • Burnouts on the road with a few people arrested. • Police have attended regularly during these events.
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 landlord said there had been issues prior to serving of the notices, but the behaviours outlined above related to notices dated 26 November, 2 December, 9 December and 16 December. They continue to get communications from neighbours who are very upset and distressed about these behaviours.
Mr Riini said that his 2 daughters live him and many of his nieces and nephews also visit. He tries to provide a safe haven for them to prevent them getting into other trouble. He said he is very grateful for having the home but unfortunately his daughters, relations and friends do not behave well and do not respect the property. He said he has attempted to stop his nieces and nephews coming to the house and is working with multiple agencies to support him in trying to turn his daughters around. He believes he is seeing small improvements but it will be a long road. He has tried to get them to see they are very lucky to have this home.
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 accept that Mr Riini is making every effort to try and modify the behaviour of his daughters, relations and friends but the instances of antisocial behaviour outlined are very recent and appear to have continued over the last month despite the notices.
I have determined that the landlord has established that anti-social behaviour has occurred on the premises by the tenant 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 behaviours arose and the notices were given. I cannot see that the landlord has acted in any retaliatory way in bringing this application.
The Act states I cannot consider the impact on the tenant in making an order for termination of the tenancy.

Tenancy Tribunal case 5092148 — Harassment

At a glance

Tenancy Tribunal case 5092148 — Harassment

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