What was Tenancy Tribunal case 5096729 about?

The tribunal order states: The tenancy of [The tenant/s] at 1232C Kennedy Bay Road, Kennedy Bay, RD

How much money was awarded in case 5096729?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5096729?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5096729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11218656-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5096729 about?

The tribunal order states: The tenancy of [The tenant/s] at 1232C Kennedy Bay Road, Kennedy Bay, RD

How much money was awarded in case 5096729?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5096729?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5096729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11218656-Tenancy_Tribunal_Order.pdf.

1232C Kennedy Bay Road, Kennedy Bay, RD 3, Tenancy Tribunal Case 5096729 — Harassment

Reasons

Both parties attended the hearing. Ms Henare answered her telephone and advised that she was unable to take part in the hearing. She was told that the hearing would proceed in her absence before the call was discontinued.

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 the tenant and her guests fighting includes yelling and swearing, abusing and threatening to punch neighbours heads in, blocking the shared driveway and causing real disturbance for the neighbours, including elderly residents and families with young children. One of the neighbours joined the meeting to provide direct evidence about the ongoing and serious anti-social behaviour and its impact on all residents that live close by and share the driveway to the property.

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, including the shared driveway, 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 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 tenant, in making an order for termination of the tenancy.

The landlord agreed that the tenant should be provided some time to make alternative accommodation arrangements and given the upcoming Christmas holiday said that Sunday 5 January 2025 would be the maximum timeframe permitted. This was generous in the circumstances and Ms Henare should acknowledge that generosity by ensuring the neighbours are free from further disturbances during the last weeks of the tenancy.

Order

The tenancy of [The tenant/s] at 1232C Kennedy Bay Road, Kennedy Bay, RD 3, Coromandel 3583 is terminated, and possession is granted to Coromandel Accommodation Limited - As Agent For B & M Hunter, at 6pm on Sunday 5 January 2025.

Reasons

Both parties attended the hearing. Ms Henare answered her telephone and advised that she was unable to take part in the hearing. She was told that the hearing would proceed in her absence before the call was discontinued.
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 the tenant and her guests fighting includes yelling and swearing, abusing and threatening to punch neighbours heads in, blocking the shared driveway and causing real disturbance for the neighbours, including elderly residents and families with young children. One of the neighbours joined the meeting to provide direct evidence about the ongoing and serious anti-social behaviour and its impact on all residents that live close by and share the driveway to the property.
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, including the shared driveway, 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 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 tenant, in making an order for termination of the tenancy.
The landlord agreed that the tenant should be provided some time to make alternative accommodation arrangements and given the upcoming Christmas holiday said that Sunday 5 January 2025 would be the maximum timeframe permitted. This was generous in the circumstances and Ms Henare should acknowledge that generosity by ensuring the neighbours are free from further disturbances during the last weeks of the tenancy.

Tenancy Tribunal case 5096729 — Harassment at 1232C Kennedy Bay Road, Kennedy Bay, RD 3,

At a glance

Claims & awards

Tenancy Tribunal case 5096729 — Harassment at 1232C Kennedy Bay Road, Kennedy Bay, RD 3,

At a glance

Claims & awards

Order

Reasons

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Key findings

Property management

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Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions