What was Tenancy Tribunal case 5121117 about?

The tribunal order states: Carte & Company Limited’s claim for termination of the tenancy on the ground

How much money was awarded in case 5121117?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5121117?

The primary dispute was 14-day notice. Related themes: Harassment.

Where can I read the official tribunal order for case 5121117?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11352583-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5121117 about?

The tribunal order states: Carte & Company Limited’s claim for termination of the tenancy on the ground

How much money was awarded in case 5121117?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5121117?

The primary dispute was 14-day notice. Related themes: Harassment.

Where can I read the official tribunal order for case 5121117?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11352583-Tenancy_Tribunal_Order.pdf.

18A North Road, The Wood, Nelson 7010 Tenancy Tribunal Case 5121117 — 14-day notice

Tenantcheck Insights

Reasons

Both parties attended the hearing which was held remotely. The landlord attended via the Teams link and the tenant attended by telephone.

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.

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 claims that the tenant engaged in antisocial behaviour on occasions including where there was too much noise coming from the tenant’s premises, when a threatening text was sent to the landlord, when the tenant engaged in threatening behaviour towards another tenant and when the tenant fed chocolate to a neighbour’s dog.

The landlord gave notices regarding this behaviour on 28 Dec 2024, 29 December 2024, and three on 3 January 2025.

However none of these notices met the specific requirements for such notices as set out in s55(A)(2)(b) of the Residential Tenancies Act 1986. For example the tenant was not advised of his right to make an application to the Tribunal challenging the notice(s).

Given the inadequacy of the notices I am obliged to dismiss the landlord’s application for termination of the tenancy on the ground of anti-social behaviour. C ter Haar 24 January 2025

Reasons

Both parties attended the hearing which was held remotely. The landlord attended via the Teams link and the tenant attended by telephone.

The landlord gave notices regarding this behaviour on 28 Dec 2024, 29 December 2024, and three on 3 January 2025.

Given the inadequacy of the notices I am obliged to dismiss the landlord’s application for termination of the tenancy on the ground of anti-social behaviour. C ter Haar 24 January 2025

Tenancy Tribunal case 5121117 — 14-day notice at 18A North Road, The Wood, Nelson 7010

At a glance

Claims & awards

Tenancy Tribunal case 5121117 — 14-day notice at 18A North Road, The Wood, Nelson 7010

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions