What was Tenancy Tribunal case 5188631 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 5188631?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5188631?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5188631?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11631303-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5188631 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 5188631?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5188631?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5188631?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11631303-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5188631 — 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 Hohepa Rikihana at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59pm today, Wednesday 26 March 2025.

Reasons

The landlord attended the hearing represented by Mr VanShalkwyk and Mr Yue. The tenant did not attend.
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 may be characterised as loud shouting, yelling, and slamming of doors by the tenant and/or his visitors including arguing between the tenant and/or his visitors on a regular basis late at night and in the early hours of the morning. Many neighbouring tenants have reported the behaviour to the landlord, stating that it makes them feel unsafe, is disturbing their daily lives in a major way and is distressing.
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.
The landlord provided evidence of multiple complaints from neighbours concerning anti-social behaviour by the tenant (and his visitors) since the tenancy started on 16 September 2024. The landlord has spoken to the tenant several times about the behaviour, the impact it is having on neighbours and requested that he stop. The landlord has discussed the behaviour with the tenant by telephone and at meetings scheduled for that purpose with the tenant and his support person. Despite the tenant acknowledging the problem and confirming that he would stop the behaviour, it has continued. This has resulted in the landlord issuing three written notices under section 55A(2)(b) RTA as follows: a. First notice dated 13 January 2025 in relation to noise, slamming of doors and yelling caused by the tenant and his visitors between midnight and 4am on 11 January 2025; b. Second notice dated 13 February 2025 in relation to excessive noise, slamming doors, loud arguments in the apartment and fighting in the stairwell outside the apartment caused by the tenant and his visitors between midnight and 6.30am on 18 January 2025; c. Third notice dated 6 March 2025 in relation to the tenant and his visitors playing loud music on 28 February 2025 between 10pm and 11am; and loud arguing with a female visitor in the apartment and in the stairwell between 6an and 9am on 3 March 2025.
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 by the tenant or a person on the tenancy with the tenant’s permission. The landlord has served notices on the tenant as required, 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.
An order terminating the tenancy is made accordingly.

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 Hohepa Rikihana at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59pm today, Wednesday 26 March 2025.

Reasons

The landlord attended the hearing represented by Mr VanShalkwyk and Mr Yue. The tenant did not attend.
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 may be characterised as loud shouting, yelling, and slamming of doors by the tenant and/or his visitors including arguing between the tenant and/or his visitors on a regular basis late at night and in the early hours of the morning. Many neighbouring tenants have reported the behaviour to the landlord, stating that it makes them feel unsafe, is disturbing their daily lives in a major way and is distressing.
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.
The landlord provided evidence of multiple complaints from neighbours concerning anti-social behaviour by the tenant (and his visitors) since the tenancy started on 16 September 2024. The landlord has spoken to the tenant several times about the behaviour, the impact it is having on neighbours and requested that he stop. The landlord has discussed the behaviour with the tenant by telephone and at meetings scheduled for that purpose with the tenant and his support person. Despite the tenant acknowledging the problem and confirming that he would stop the behaviour, it has continued. This has resulted in the landlord issuing three written notices under section 55A(2)(b) RTA as follows: a. First notice dated 13 January 2025 in relation to noise, slamming of doors and yelling caused by the tenant and his visitors between midnight and 4am on 11 January 2025; b. Second notice dated 13 February 2025 in relation to excessive noise, slamming doors, loud arguments in the apartment and fighting in the stairwell outside the apartment caused by the tenant and his visitors between midnight and 6.30am on 18 January 2025; c. Third notice dated 6 March 2025 in relation to the tenant and his visitors playing loud music on 28 February 2025 between 10pm and 11am; and loud arguing with a female visitor in the apartment and in the stairwell between 6an and 9am on 3 March 2025.
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 by the tenant or a person on the tenancy with the tenant’s permission. The landlord has served notices on the tenant as required, 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.
An order terminating the tenancy is made accordingly.

Tenancy Tribunal case 5188631 — Harassment

At a glance

Tenancy Tribunal case 5188631 — 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