Published tribunal order
Tenancy Tribunal case 5330803 — Rent arrears at Unit/Flat 1A, 18 Wakefield Street, Auckland Central,
Decided 24 Sept 2025 · Published 24 Sept 2025 · Application 5330803
- Rent arrears
Order
- The tenancy of [The tenant/s] at Unit/Flat 1A, 18 Wakefield Street, Auckland Central, Auckland 1010, Embassy Apartments is terminated, and possession is granted to Crockers Property Management Limited Nikki Wiseman, at 5:00 pm on Wednesday 1 October 2025.
- The Bond Centre is to pay the bond of $2,700.00 (3348382-016) to Crockers Property Management Limited Nikki Wiseman immediately.
- [The tenant/s] must pay Crockers Property Management Limited Nikki Wiseman $28.00 immediately, calculated as shown in the table below:
Reasons
- The landlord attended the hearing via video conference. The tenant did not. 5330803, 53364452
- The tenant’s phone number was tried three times but was not answered.
- The tenant had applied for a declaration that his termination notice given to the landlord on 3 August 2025 was of no effect. Although the tenant’s notice was sufficient to show his intention to terminate the tenancy, it did not specify the date that he was going to vacate the premises by. Therefore, as the termination notice was incomplete, I find that his notice given on 3 August 2025 is of no effect.
- However, the landlord made a cross-application 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 stated that the anti-social behaviour included the tenant’s guests stealing mail from the mailbox, his guests parking in someone else’ parking space for 5 hours, his guests jimmying the door for access, opening other people’s parcels, and the tenant breaking a latch into the corridor creating security issues.
- 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 Residential Tenancies Act 1986 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 landlord as set out above. 5330803, 53364453
- The landlord provided copies of the anti-social notices dated 25, 27, 28 August 2025.
- 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.
- 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.
- Further to this, at the date of the hearing, the rent was 21 days in arrears.
- This tenancy can also be terminated under sections 55 and 56(2) Residential Tenancies Act 1986.
- Accordingly, the tenancy of [The tenant/s] at Unit/Flat 1A, 18 Wakefield Street, Auckland Central, Auckland 1010, Embassy Apartments is terminated, and possession is granted to Crockers Property Management Limited Nikki Wiseman, at 5:00 pm on Wednesday 1 October 2025.
- The rent owing by the tenant to 1 October 2025 is $2,700.00.
- I order this to be paid by the tenant to the landlord from the bond.
- Finally, as the landlord has wholly succeed with the claim, the tenant must reimburse the filing fee.