What was Tenancy Tribunal case 5323719 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 5323719?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5323719?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5323719?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12419222-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5323719 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 5323719?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5323719?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5323719?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12419222-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5323719 — Harassment

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s and Landlord’s name and identifying details.
Mr [The respondent/s]tenancy in terminate with effect from 5pm on 3 October 2025.

Reasons

Both parties attended the hearing.
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 background of the matter is: a. The tenancy began on 12 June 2023, and is on the second floor of a 3 level social housing block. b. From 6 December 2023, there have been a series of noise complaints involving both the downstairs and upstairs neighbours. The complaints are of the use of the tenant’s washing machine, heavy stomping and footsteps, loud metallic banging, and loud noises of objects being dropped, all at early hours of the morning. c. Wellington City Council noise control has been contacted on a number of the occasions when the noise has been an issue. d. The landlord has taken steps including meetings with the tenant and the neighbours, and mediation with the tenant and downstairs tenant. e. Some 6 anti-social behaviour breach notices have been issued by the landlord since 23 April 2024. f. Despite the steps taken by the landlord the noise complaints have continued.
The landlord has brought this application for termination on the basis that the tenant’s behaviour interferes with the quiet enjoyment of other tenants and is anti-social behaviour.
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 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 in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
As discussed with the parties I must consider whether the circumstances in which the behaviour occurred mean termination would be unfair. For instance if the noise was due to normal use of the tenancy this would mean termination is unfair. I note that: a. The tenant says that the downstairs neighbour’s comments and complaints about the use of the washing machine were not true and he does not use his washing machine early in the morning; b. The tenant does not deny having made the noise; c. The upstairs neighbour has provided a detailed witness statement which sets out that the noises are excessive and are in excess of normal noise experienced at this tenancy where she has dwelt since the 1990s; d. The noise has continued for an extended period of time despite the landlords attempt to mitigate the issues; e. The noise is causing conflict between the residents at the unit; f. The tenant has a hearing issue and has recently been provided with hearing aids, despite this, complaints have continued; and g. The noise is at a level where the upstairs tenant refers to be woken despite using sleeping pills and high quality ear plugs.
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 landlord has asked for the termination to take effect in a period which allows the tenant some time to make arrangements, therefore, I order termination will occur at 5.00 on 3 October 2025.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s and Landlord’s name and identifying details.
Mr [The respondent/s]tenancy in terminate with effect from 5pm on 3 October 2025.

Reasons

Both parties attended the hearing.
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 background of the matter is: a. The tenancy began on 12 June 2023, and is on the second floor of a 3 level social housing block. b. From 6 December 2023, there have been a series of noise complaints involving both the downstairs and upstairs neighbours. The complaints are of the use of the tenant’s washing machine, heavy stomping and footsteps, loud metallic banging, and loud noises of objects being dropped, all at early hours of the morning. c. Wellington City Council noise control has been contacted on a number of the occasions when the noise has been an issue. d. The landlord has taken steps including meetings with the tenant and the neighbours, and mediation with the tenant and downstairs tenant. e. Some 6 anti-social behaviour breach notices have been issued by the landlord since 23 April 2024. f. Despite the steps taken by the landlord the noise complaints have continued.
The landlord has brought this application for termination on the basis that the tenant’s behaviour interferes with the quiet enjoyment of other tenants and is anti-social behaviour.
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 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 in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
As discussed with the parties I must consider whether the circumstances in which the behaviour occurred mean termination would be unfair. For instance if the noise was due to normal use of the tenancy this would mean termination is unfair. I note that: a. The tenant says that the downstairs neighbour’s comments and complaints about the use of the washing machine were not true and he does not use his washing machine early in the morning; b. The tenant does not deny having made the noise; c. The upstairs neighbour has provided a detailed witness statement which sets out that the noises are excessive and are in excess of normal noise experienced at this tenancy where she has dwelt since the 1990s; d. The noise has continued for an extended period of time despite the landlords attempt to mitigate the issues; e. The noise is causing conflict between the residents at the unit; f. The tenant has a hearing issue and has recently been provided with hearing aids, despite this, complaints have continued; and g. The noise is at a level where the upstairs tenant refers to be woken despite using sleeping pills and high quality ear plugs.
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 landlord has asked for the termination to take effect in a period which allows the tenant some time to make arrangements, therefore, I order termination will occur at 5.00 on 3 October 2025.

Tenancy Tribunal case 5323719 — Harassment

At a glance

Tenancy Tribunal case 5323719 — 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