What was Tenancy Tribunal case 5141289 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 5141289?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5141289?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5141289?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11420063-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5141289 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 5141289?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5141289?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5141289?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11420063-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5141289 — Harassment

Tenantcheck Insights

Reasons

Both parties attended the hearing. [The tenant/s] was assisted by her carer, and her whāea kēkē.

The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour. The tenant has recently moved from long term residential care, found the move away from a familiar location unsettling and this triggered the behaviours. These behaviours were unsettling to others.

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 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.

The tenant and her carers agreed that termination was necessary and was best both for her, and for the other tenants. The landlord has agreed to allow 7 days before the order takes effect to allow for alternative accommodation, more suitable to her needs to be found.

This was a difficult and challenging situation for everyone involved and I thank both parties for the manner in which they have acted.

Reasons

Both parties attended the hearing. [The tenant/s] was assisted by her carer, and her whāea kēkē.

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.

This was a difficult and challenging situation for everyone involved and I thank both parties for the manner in which they have acted.

Tenancy Tribunal case 5141289 — Harassment

At a glance

Tenancy Tribunal case 5141289 — 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