Tenantcheck Insights · Case study

Tenancy Tribunal case 5321399 — Harassment at 9E Blacklock Avenue, Henderson, Auckland 0612

Decided 27 Aug 2025 · Published 27 Aug 2025 · Application 5321399

Harassment

View official order on MoJ →Explore similar cases

At a glance

Key facts from the published tribunal order.

Location

Auckland

Tribunal region

Adjudicator

T Baker

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.

Order

The tenancy at 9E Blacklock Avenue, Henderson, Auckland 0612 is terminated and possession granted to Kainga Ora Homes and Communities immediately.

Reasons

The landlord attended the hearing, which was conducted by phone. Two attempts to reach the tenant were unsuccessful.
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 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 three notices that had been given to the tenant on 24 April 2025, 12 June 2025 and 22 July 2025. On each occasion the anti-social behaviour was described. It was the same sort of behaviour each time: yelling abuse outside her property, disturbing the peace of the neighbours. I am satisfied that it would cause alarm and distress and it is more than minor.
The landlord has established that anti-social behaviour has occurred on the premises by the tenant The landlord has served notices on the tenant as required by the Act, 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.
The tenancy is terminated immediately and possession granted to the landlord.
Because an order has been made under section 55A, I did not need to consider the alternative ground under section 56 and so did not need to hear from witnesses.
The landlord did not seek reimbursement of the filing fee.

Topics & place

Topics are dispute themes across the order (not the same as claim-type money lines).

Harassment Auckland

Residential Tenancies Act sections

s55A, s56

Key findings

Dispute theme: harassment

Property management

Kāinga Ora–Homes and Communities (applicant)

Frequently asked questions

Common questions about this Tenancy Tribunal case.

What was Tenancy Tribunal case 5321399 about?

The tribunal order states: The tenancy at 9E Blacklock Avenue, Henderson, Auckland 0612 is terminated

How much money was awarded in case 5321399?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5321399?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5321399?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12327762-Tenancy_Tribunal_Order.pdf.

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Reasons

The landlord attended the hearing, which was conducted by phone. Two attempts to reach the tenant were unsuccessful.

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 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 three notices that had been given to the tenant on 24 April 2025, 12 June 2025 and 22 July 2025. On each occasion the anti-social behaviour was described. It was the same sort of behaviour each time: yelling abuse outside her property, disturbing the peace of the neighbours. I am satisfied that it would cause alarm and distress and it is more than minor.

The landlord has established that anti-social behaviour has occurred on the premises by the tenant The landlord has served notices on the tenant as required by the Act, 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.

The tenancy is terminated immediately and possession granted to the landlord.

Because an order has been made under section 55A, I did not need to consider the alternative ground under section 56 and so did not need to hear from witnesses.

The landlord did not seek reimbursement of the filing fee.