What was Tenancy Tribunal case 5347419 about?

The tribunal order states: [The tenant/s] must pay Staircase Property Management Limited As Agent

How much money was awarded in case 5347419?

Filing Fee: $28.00 awarded to landlord; Shower Hose: $31.38 awarded to landlord; Water Rates: $1,053.85 awarded to landlord

What type of tenancy dispute was case 5347419?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5347419?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12601716-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5347419 about?

The tribunal order states: [The tenant/s] must pay Staircase Property Management Limited As Agent

How much money was awarded in case 5347419?

Filing Fee: $28.00 awarded to landlord; Shower Hose: $31.38 awarded to landlord; Water Rates: $1,053.85 awarded to landlord

What type of tenancy dispute was case 5347419?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5347419?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12601716-Tenancy_Tribunal_Order.pdf.

Unit/Flat 208, 28C Eileen Newey, Henderson, Auckland Tenancy Tribunal Case 5347419 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5347419 — net $1,113.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: and Power Charges to 22 October 2025	$1,053.85	Water rates: and Power Charges to 22 October 2025
Repairs: Shower Hose	$31.38	Repairs: Shower Hose
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,113.23
Total payable by Tenant to Landlord	$1,113.23

[The tenant/s] must pay Staircase Property Management Limited As Agent For Coradel Gulla $1,113.23 immediately, calculated as shown in table below: DescriptionLandlord Water rates: and Power Charges to 22 October 2025$1,053.85 Repairs: Shower Hose$31.38 Filing fee reimbursement$28.00 Total award$1,113.23 Total payable by Tenant to Landlord$1,113.23

The landlord’s other applications are dismissed.

Reasons

A representative of the landlord attended the hearing. The tenant did not attend by the video link provided in the Notice of Hearing and did not answer calls made to two mobile phone numbers during the tenancy.

The landlord has applied for termination of the tenancy, water and electricity charges and compensation for a repair to a shower hose.

The landlord has an Order under application 519773 for power and water to 28 May 2025. There seemed to be some overlap and duplication between the previous application and this one.

I have reviewed the power and water bills provided with this application and find that the total charges for power and water consumption in the period from 29 May to 22 October 2025 is $1,053.85.

The landlord also provided evidence by way of photographs and a receipt to establish that the shower hose was damaged during the tenancy and is more than fair wear and tear. I order the amount of the receipt being $31.38. Termination of the Tenancy

The landlord applied for termination of the tenancy on the basis that the tenant had threatened to assault the landlord on 17 September 2025. See s55(1)(c) Residential Tenancies Act (RTA).

A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. They must prove that the other party has breached its obligations and the loss (or consequence) they have suffered because of that breach. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.

The landlord’s representative, Ms K, claims that the tenant threatened to assault her when Ms K went to the property on 17 September to provide access to the premises. The landlord made a complaint to the Police later that day.

In the tenancy context, it is well established that a threat of assault involves words or actions that would make a reasonable person believe that they are about to be physically attacked. See Collins v Housing New Zealand Ltd [2008] NZAR 665. A threat of assault does not require physical contact, just the genuine belief that harm is imminent.

At the hearing I asked Ms K to provide evidence of what the threat was. What did the tenant say? She said the tenant told her that that Ms K was lucky there was a child nearby otherwise she might take the matter further and that Ms K’s ponytail wouldn’t protect hair. There was also reference to Ms K’s boots.

I heard from a witness who said that Ms K called her while Ms K was at the premises and she could hear the tenant shouting in the background but could not hear what was being said.

I am satisfied that this tenant is problematic and likely aggressive. However, I am not persuaded on the evidence presented to me that it is more likely than not that she threatened to assault the landlord’s representative on 17 September 2025.

The landlord mentioned other conduct by this tenant which, if proved, may amount to antisocial behaviour. The landlord did not provide any evidence of antisocial behaviour notices having been issued to the tenant and did not apply for termination on that basis.

This landlord is reminded of the adjudicator’s comments under application 5197773 (another application for termination of this tenancy), as follows: “[12] The landlord sought termination of the tenancy because of alleged reports from neighbours regarding the tenant’s antisocial behaviour. No reliable information was produced in support of this application, and no attempt to tie the application to a provision of the Residential Tenancies Act, 1986 was made. [13] The Residential Tenancies Act, 1986 sets out clear grounds for terminating tenancies. On the information provided today, there is no legal basis for me to terminate this tenancy.”

A landlord must follow the correct procedures for attempting to terminate a tenancy and must provide the Tribunal with sufficient evidence to establish any application for termination.

The application for termination is not proved. It is dismissed.

The landlord also claimed that the tenancy has ended by virtue of a Notice to Terminate issued to the tenant (some time before the alleged threat of assault). That document has not been provided to the Tribunal and there was no application for a possession order on the basis that the tenancy has ended by notice.

As the landlord was partially successful, I have awarded reimbursement of the Tribunal application fee.

Claims and awards in Tenancy Tribunal application 5347419 — net $1,113.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: and Power Charges to 22 October 2025	$1,053.85	Water rates: and Power Charges to 22 October 2025
Repairs: Shower Hose	$31.38	Repairs: Shower Hose
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,113.23
Total payable by Tenant to Landlord	$1,113.23

Order

[The tenant/s] must pay Staircase Property Management Limited As Agent For Coradel Gulla $1,113.23 immediately, calculated as shown in table below: DescriptionLandlord Water rates: and Power Charges to 22 October 2025$1,053.85 Repairs: Shower Hose$31.38 Filing fee reimbursement$28.00 Total award$1,113.23 Total payable by Tenant to Landlord$1,113.23
The landlord’s other applications are dismissed.

Reasons

A representative of the landlord attended the hearing. The tenant did not attend by the video link provided in the Notice of Hearing and did not answer calls made to two mobile phone numbers during the tenancy.
The landlord has applied for termination of the tenancy, water and electricity charges and compensation for a repair to a shower hose.
The landlord has an Order under application 519773 for power and water to 28 May 2025. There seemed to be some overlap and duplication between the previous application and this one.
I have reviewed the power and water bills provided with this application and find that the total charges for power and water consumption in the period from 29 May to 22 October 2025 is $1,053.85.
The landlord also provided evidence by way of photographs and a receipt to establish that the shower hose was damaged during the tenancy and is more than fair wear and tear. I order the amount of the receipt being $31.38. Termination of the Tenancy
The landlord applied for termination of the tenancy on the basis that the tenant had threatened to assault the landlord on 17 September 2025. See s55(1)(c) Residential Tenancies Act (RTA).
A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. They must prove that the other party has breached its obligations and the loss (or consequence) they have suffered because of that breach. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.
The landlord’s representative, Ms K, claims that the tenant threatened to assault her when Ms K went to the property on 17 September to provide access to the premises. The landlord made a complaint to the Police later that day.
In the tenancy context, it is well established that a threat of assault involves words or actions that would make a reasonable person believe that they are about to be physically attacked. See Collins v Housing New Zealand Ltd [2008] NZAR 665. A threat of assault does not require physical contact, just the genuine belief that harm is imminent.
At the hearing I asked Ms K to provide evidence of what the threat was. What did the tenant say? She said the tenant told her that that Ms K was lucky there was a child nearby otherwise she might take the matter further and that Ms K’s ponytail wouldn’t protect hair. There was also reference to Ms K’s boots.
I heard from a witness who said that Ms K called her while Ms K was at the premises and she could hear the tenant shouting in the background but could not hear what was being said.
I am satisfied that this tenant is problematic and likely aggressive. However, I am not persuaded on the evidence presented to me that it is more likely than not that she threatened to assault the landlord’s representative on 17 September 2025.
The landlord mentioned other conduct by this tenant which, if proved, may amount to antisocial behaviour. The landlord did not provide any evidence of antisocial behaviour notices having been issued to the tenant and did not apply for termination on that basis.
This landlord is reminded of the adjudicator’s comments under application 5197773 (another application for termination of this tenancy), as follows: “[12] The landlord sought termination of the tenancy because of alleged reports from neighbours regarding the tenant’s antisocial behaviour. No reliable information was produced in support of this application, and no attempt to tie the application to a provision of the Residential Tenancies Act, 1986 was made. [13] The Residential Tenancies Act, 1986 sets out clear grounds for terminating tenancies. On the information provided today, there is no legal basis for me to terminate this tenancy.”
A landlord must follow the correct procedures for attempting to terminate a tenancy and must provide the Tribunal with sufficient evidence to establish any application for termination.
The application for termination is not proved. It is dismissed.
The landlord also claimed that the tenancy has ended by virtue of a Notice to Terminate issued to the tenant (some time before the alleged threat of assault). That document has not been provided to the Tribunal and there was no application for a possession order on the basis that the tenancy has ended by notice.
As the landlord was partially successful, I have awarded reimbursement of the Tribunal application fee.

Tenancy Tribunal case 5347419 — Property damage at Unit/Flat 208, 28C Eileen Newey, Henderson, Auckland

At a glance

Tenancy Tribunal case 5347419 — Property damage at Unit/Flat 208, 28C Eileen Newey, Henderson, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions