What was the outcome of Tenancy Tribunal case 5261482?

The tribunal order states: The tenancy of Aldyth Isabel Wikiriwhi at 49 Kellett Road, Ranui, Auckland 0612

How much money was awarded in case 5261482?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5261482?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5261482?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11938706-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5261482?

The tribunal order states: The tenancy of Aldyth Isabel Wikiriwhi at 49 Kellett Road, Ranui, Auckland 0612

How much money was awarded in case 5261482?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5261482?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5261482?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11938706-Tenancy_Tribunal_Order.pdf.

49 Kellett Road, Ranui, Auckland 0612 Tenancy Tribunal Case 5261482 — 14-day notice

Reasons

Both parties initially attended the hearing, which was held by teleconference.

Once the hearing began, I was unable to persuade the tenant to allow the landlord’s property managers, as applicants, the chance to speak to their application. Instead, the tenant repeatedly insisted that the house was going to be bought for her and what was the price and that she is going to sue the property manager.

With no disrespect to the tenant intended, the tenant’s presentation gave me concern about her capacity to understand the nature of the application or to respond to it.

I gave the tenant several warnings that if she did not allow the hearing to proceed, I would terminate her participation, which I then did. I explained to the landlord’s representatives that I would allow them to present their claim and evidence and that I would then phone the tenant back, explain to her the claim and the evidence presented and give the tenant an opportunity to respond.

When I tried to call the tenant back, the call went to answerphone.

Should the tenancy be terminated?

Section 55(1)(c) provides that, “Subject to subsection (2), on any application made to it under this section by the landlord, the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that— (c) the tenant has assaulted, or has threated to assault.......(iii) any agent of the landlord.”

The evidence provided by the landlord shows that concern was expressed by neighbouring residents on 8 May 2025, that a male residing in the premises, not being a tenant named on the agreement, was wielding a machete at cars on the road outside the premises.

The property manager contacted the tenant asking that she have that person move out.

The landlord has provided in evidence a copy of a txt sent to the property manager by the tenant on that date, abusing and insulting the property manager, and asserting that the house was bought for the tenant.

The property manager then reported the matter to the police on 15 May 2025.

On 22 May 2025, the tenant txt the property manager saying, “Don’t fucken come or I’ll kill you on inspection day the headhunters bought it for me and you’re a teke and next time he’s going to pick you up and throw you too 1 Kellett Road”

That threat was reported to the police who visited the tenant. The landlord’s evidence is that the police considered the threat sufficient to justify arresting the tenant but the landlord confirmed that it did not want a criminal prosecution, just for the tenancy to end as it could not safely manage the tenancy or undertake inspections etc with those threats having been made.

The provisions of s.55(1)(c) are clear that the Tribunal shall terminate the tenancy if satisfied that there has been a threat of assault. The alternative in s.55(2) does not apply here.

The evidence clearly establishes a threat by the tenant to assault (kill) the property manager. The tenancy must be terminated

The landlord suggests that the termination take effect in 10 days to allow the tenant an opportunity to find alternative accommodation, which is reasonable in the circumstances.

As the landlord has succeeded with the claim the filing fee is reimbursed.

Order

The tenancy of Aldyth Isabel Wikiriwhi at 49 Kellett Road, Ranui, Auckland 0612 is terminated, and possession is granted to Barfoot & Thompson Limited, at 11:59pm on Sunday 15 June 2025.
Aldyth Isabel Wikiriwhi must pay Barfoot & Thompson Limited $27.00 being the filing fee on this application.

Reasons

Both parties initially attended the hearing, which was held by teleconference.
Once the hearing began, I was unable to persuade the tenant to allow the landlord’s property managers, as applicants, the chance to speak to their application. Instead, the tenant repeatedly insisted that the house was going to be bought for her and what was the price and that she is going to sue the property manager.
With no disrespect to the tenant intended, the tenant’s presentation gave me concern about her capacity to understand the nature of the application or to respond to it.
I gave the tenant several warnings that if she did not allow the hearing to proceed, I would terminate her participation, which I then did. I explained to the landlord’s representatives that I would allow them to present their claim and evidence and that I would then phone the tenant back, explain to her the claim and the evidence presented and give the tenant an opportunity to respond.
When I tried to call the tenant back, the call went to answerphone.

Should the tenancy be terminated?

Section 55(1)(c) provides that, “Subject to subsection (2), on any application made to it under this section by the landlord, the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that— (c) the tenant has assaulted, or has threated to assault.......(iii) any agent of the landlord.”
The evidence provided by the landlord shows that concern was expressed by neighbouring residents on 8 May 2025, that a male residing in the premises, not being a tenant named on the agreement, was wielding a machete at cars on the road outside the premises.
The property manager contacted the tenant asking that she have that person move out.
The landlord has provided in evidence a copy of a txt sent to the property manager by the tenant on that date, abusing and insulting the property manager, and asserting that the house was bought for the tenant.
The property manager then reported the matter to the police on 15 May 2025.
On 22 May 2025, the tenant txt the property manager saying, “Don’t fucken come or I’ll kill you on inspection day the headhunters bought it for me and you’re a teke and next time he’s going to pick you up and throw you too 1 Kellett Road”
That threat was reported to the police who visited the tenant. The landlord’s evidence is that the police considered the threat sufficient to justify arresting the tenant but the landlord confirmed that it did not want a criminal prosecution, just for the tenancy to end as it could not safely manage the tenancy or undertake inspections etc with those threats having been made.
The provisions of s.55(1)(c) are clear that the Tribunal shall terminate the tenancy if satisfied that there has been a threat of assault. The alternative in s.55(2) does not apply here.
The evidence clearly establishes a threat by the tenant to assault (kill) the property manager. The tenancy must be terminated
The landlord suggests that the termination take effect in 10 days to allow the tenant an opportunity to find alternative accommodation, which is reasonable in the circumstances.
As the landlord has succeeded with the claim the filing fee is reimbursed.

Tenancy Tribunal case 5261482 — 14-day notice at 49 Kellett Road, Ranui, Auckland 0612

At a glance

Tenancy Tribunal case 5261482 — 14-day notice at 49 Kellett Road, Ranui, Auckland 0612

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions