What was the outcome of Tenancy Tribunal case 5117538?

The tribunal order states: The tenancy of Kham Phongsa at 13A Reinga Place, Massey, Auckland 0614 is

How much money was awarded in case 5117538?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5117538?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5117538?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11306240-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5117538?

The tribunal order states: The tenancy of Kham Phongsa at 13A Reinga Place, Massey, Auckland 0614 is

How much money was awarded in case 5117538?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5117538?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5117538?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11306240-Tenancy_Tribunal_Order.pdf.

13A Reinga Place, Massey, Auckland 0614 Tenancy Tribunal Case 5117538 — 14-day notice

Order

The tenancy of Kham Phongsa at 13A Reinga Place, Massey, Auckland 0614 is terminated, and possession is granted to Kāinga Ora–Homes And Communities immediately.

Reasons

The Landlord attended the hearing by telephone.
The Tenant is in prison. Tribunal records indicate that the Tenant’s address for service was updated to Mt Eden Prison on 24 December 2024. I infer from this that the Tenant has been served in accordance with s 91A of the Residential Tenancies Act 1986 (the Act).
In any event, the property manager explains, in a discussion with the Tenant via AVL, while in remand, the Tenant agreed to bring his tenancy to an end.
The Landlord has applied for termination on grounds of assault: s 55(1)(c)
The Tenant allegedly assaulted his neighbour by setting her on fire. The Tenant is facing charges in connection with the assault and is currently in remand.

Should the tenancy be terminated?

Under section 55 of the Residential Tenancies Act, a tenancy can be terminated on the grounds of assault of a neighbour.
If the Tribunal finds the grounds proven, it must terminate the tenancy, subject to any exceptions under subsection (2). The Tribunal may not terminate the tenancy if it considers that the breach has been remedied, and termination is not justified under the circumstances.
The Landlord presents the facts obtained from the Police as follows: a. At approximately 7.25 am on 4 December 2024. Mr Phongsa left his home 13A Reinga Place to locate his missing dog. b. He approached a female individual (private owner neighbour from 20 Reinga Place) who was sitting in her car on the shared driveway. c. She advised Mr Phongsa she saw his dog in her backyard. d. Mr Phongsa became angry and started hitting the vehicle. He then went back to his home and retrieved a torch and hammer from his property and approached her again, shouting and screaming at her. e. She has said she will call the Police – he has yelled at her “if you call the Police, I will kill you”, and then pulled a rear windscreen wiper from the vehicle (damage to vehicle). f. Another neighbour has heard the commotion and approached Mr Phongsa telling him to go home. g. Mr Phongsa went home and returned with a jar of accelerant which he threw at the second neighbour around her shoulder and face. h. He then used a lighter to light her on fire. i. She removed her shirt to put the fire out, however she suffered serious burns to her shoulder and face which resulted in her being hospitalised. j. The Police were called, and Mr Phongsa was arrested. He has been remanded in custody at Mt Eden Correctional Facility until 19 February 2025.
The Landlord sets out how the facts were established and the steps it took to address the assault, which I reproduce from their submissions: 5 December 2024 a. Police information received. b. Kāinga Ora staff completed welfare check to Reinga Place, Massey to connect with the community and people involved in the incident. c. The Kāinga Ora customer at 18 Reinga Place, Massey contacted Kāinga Ora and confirmed it was his partner who was set alight, and she was still in hospital. 10 December 2024 d. Information received from Police that Mr Phongsa has been remanded in custody until 19 February 2025. e. Request for a Legal visit was declined, therefore audio-visual link (AVL) meeting is arranged with Mr Phongsa to discuss possible notice to end his tenancy. f. This was scheduled for Monday 16 December 2024 at 8.45am. 11 December 2024 g. Kāinga Ora staff completed subsequent welfare visit to Reinga Place, Massey and spoke to customer from 18 Reinga Place, Massey. His partner has been released from hospital and is at home recovering. The private owner from 20 Reinga Pl, Massey was not home. 13 December 2024 h. The private owner of 20 Reinga Place mentioned that she’s feeling better each day and that her family is doing well. i. Notice to end form emailed to the Operations Support Office at Corrections to hand to Mr Phongsa in advance of the AVL meeting scheduled for Monday, 16 December 2024 at 8.45am. 16 December 2024 j. During the AVL meeting, Mr Phongsa informed the Landlord that the property should be returned to the Landlord, as he has been remanded until February, with the possibility of an extended duration. k. Mr Phongsa also requested assistance in contacting his daughter to pack his belongings from his home. He confirmed that he will sign the NTE (Notice to End) form once he receives it. l. Kāinga Ora has spoken to Mr Phongsa’s daughter (Nicky) and she has confirmed she will be removing her father’s personal items as well as the dog.
Having regard to all of the information provided by the Landlord, and the Police Summary of Facts, the grounds for termination under s 55(1)(c) of the Residential Tenancies Act are satisfied.
Mr Phongsa’s actions, including threats to kill, assaulting a neighbour with an accelerant, and causing severe burns requiring hospitalisation, plainly meet the requirements for termination under s 55(1)(c).
While no witnesses have been spoken to, the specificity and gravity of the allegations, coupled with Mr Phongsa’s subsequent remand in custody and charges, and the Landlord’s evidence concerning the victims hospitalisation and recovery, together provide sufficient evidential footing to find the allegations credible, demonstrating a breach of s 55(1)(c), incapable of remedy (no exceptions under s 55(2) applicable being apparent).
The severity of the incident justifies termination. The Landlord has acted appropriately by addressing the matter promptly, conducting welfare checks, and communicating with Mr Phongsa regarding ending the tenancy.
I direct that this decision is to be personally served on Mr Phongsa.

Order

The tenancy of Kham Phongsa at 13A Reinga Place, Massey, Auckland 0614 is terminated, and possession is granted to Kāinga Ora–Homes And Communities immediately.

Reasons

The Landlord attended the hearing by telephone.
The Tenant is in prison. Tribunal records indicate that the Tenant’s address for service was updated to Mt Eden Prison on 24 December 2024. I infer from this that the Tenant has been served in accordance with s 91A of the Residential Tenancies Act 1986 (the Act).
In any event, the property manager explains, in a discussion with the Tenant via AVL, while in remand, the Tenant agreed to bring his tenancy to an end.
The Landlord has applied for termination on grounds of assault: s 55(1)(c)
The Tenant allegedly assaulted his neighbour by setting her on fire. The Tenant is facing charges in connection with the assault and is currently in remand.

Should the tenancy be terminated?

Under section 55 of the Residential Tenancies Act, a tenancy can be terminated on the grounds of assault of a neighbour.
If the Tribunal finds the grounds proven, it must terminate the tenancy, subject to any exceptions under subsection (2). The Tribunal may not terminate the tenancy if it considers that the breach has been remedied, and termination is not justified under the circumstances.
The Landlord presents the facts obtained from the Police as follows: a. At approximately 7.25 am on 4 December 2024. Mr Phongsa left his home 13A Reinga Place to locate his missing dog. b. He approached a female individual (private owner neighbour from 20 Reinga Place) who was sitting in her car on the shared driveway. c. She advised Mr Phongsa she saw his dog in her backyard. d. Mr Phongsa became angry and started hitting the vehicle. He then went back to his home and retrieved a torch and hammer from his property and approached her again, shouting and screaming at her. e. She has said she will call the Police – he has yelled at her “if you call the Police, I will kill you”, and then pulled a rear windscreen wiper from the vehicle (damage to vehicle). f. Another neighbour has heard the commotion and approached Mr Phongsa telling him to go home. g. Mr Phongsa went home and returned with a jar of accelerant which he threw at the second neighbour around her shoulder and face. h. He then used a lighter to light her on fire. i. She removed her shirt to put the fire out, however she suffered serious burns to her shoulder and face which resulted in her being hospitalised. j. The Police were called, and Mr Phongsa was arrested. He has been remanded in custody at Mt Eden Correctional Facility until 19 February 2025.
The Landlord sets out how the facts were established and the steps it took to address the assault, which I reproduce from their submissions: 5 December 2024 a. Police information received. b. Kāinga Ora staff completed welfare check to Reinga Place, Massey to connect with the community and people involved in the incident. c. The Kāinga Ora customer at 18 Reinga Place, Massey contacted Kāinga Ora and confirmed it was his partner who was set alight, and she was still in hospital. 10 December 2024 d. Information received from Police that Mr Phongsa has been remanded in custody until 19 February 2025. e. Request for a Legal visit was declined, therefore audio-visual link (AVL) meeting is arranged with Mr Phongsa to discuss possible notice to end his tenancy. f. This was scheduled for Monday 16 December 2024 at 8.45am. 11 December 2024 g. Kāinga Ora staff completed subsequent welfare visit to Reinga Place, Massey and spoke to customer from 18 Reinga Place, Massey. His partner has been released from hospital and is at home recovering. The private owner from 20 Reinga Pl, Massey was not home. 13 December 2024 h. The private owner of 20 Reinga Place mentioned that she’s feeling better each day and that her family is doing well. i. Notice to end form emailed to the Operations Support Office at Corrections to hand to Mr Phongsa in advance of the AVL meeting scheduled for Monday, 16 December 2024 at 8.45am. 16 December 2024 j. During the AVL meeting, Mr Phongsa informed the Landlord that the property should be returned to the Landlord, as he has been remanded until February, with the possibility of an extended duration. k. Mr Phongsa also requested assistance in contacting his daughter to pack his belongings from his home. He confirmed that he will sign the NTE (Notice to End) form once he receives it. l. Kāinga Ora has spoken to Mr Phongsa’s daughter (Nicky) and she has confirmed she will be removing her father’s personal items as well as the dog.
Having regard to all of the information provided by the Landlord, and the Police Summary of Facts, the grounds for termination under s 55(1)(c) of the Residential Tenancies Act are satisfied.
Mr Phongsa’s actions, including threats to kill, assaulting a neighbour with an accelerant, and causing severe burns requiring hospitalisation, plainly meet the requirements for termination under s 55(1)(c).
While no witnesses have been spoken to, the specificity and gravity of the allegations, coupled with Mr Phongsa’s subsequent remand in custody and charges, and the Landlord’s evidence concerning the victims hospitalisation and recovery, together provide sufficient evidential footing to find the allegations credible, demonstrating a breach of s 55(1)(c), incapable of remedy (no exceptions under s 55(2) applicable being apparent).
The severity of the incident justifies termination. The Landlord has acted appropriately by addressing the matter promptly, conducting welfare checks, and communicating with Mr Phongsa regarding ending the tenancy.
I direct that this decision is to be personally served on Mr Phongsa.

Tenancy Tribunal case 5117538 — 14-day notice at 13A Reinga Place, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 5117538 — 14-day notice at 13A Reinga Place, Massey, Auckland 0614

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