What was Tenancy Tribunal case 5366323 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at Unit/Flat 2, 46 Malfroy Road, Rotorua, is

How much money was awarded in case 5366323?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5366323?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5366323?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12638057-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5366323 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at Unit/Flat 2, 46 Malfroy Road, Rotorua, is

How much money was awarded in case 5366323?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5366323?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5366323?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12638057-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 2, 46 Malfroy Road, Victoria, Rotorua 3010 Tenancy Tribunal Case 5366323 — Harassment

Order

The tenancy of [The tenant/s] tenant/s] at Unit/Flat 2, 46 Malfroy Road, Rotorua, is terminated and possession granted to Tremains Property Management immediately.

Reasons

The Landlord 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 Landlord claims the Tenant has been loud and aggressive towards the property managers and neighbouring tenants, since they purchased the property (the flats at 46 Malfroy Road) on 1 September 2025. Many of the tenants are elderly and so scared that they lock themselves inside their flats.
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 has served three notices as follows: a. 9 September 2025 incident: A complaint was received regarding loud and aggressive behaviour towards a neighbouring tenant. (The property manager gave evidence of the tenant having been at their offices early in the morning and having been aggressive towards their staff.) b. 3 October 2025 (morning): A complaint was received reporting that the tenant was yelling in the driveway, making racist remarks, and threatening other tenants. (The property managers visited the property and found the Tenant behaving aggressively and yelling.) c. 3 October 2025 (afternoon): A further complaint was received from another neighbouring tenant about the tenant’s aggressive behaviour – yelling – in the driveway. (The property managers visited the premises immediately after receiving the complaint and found the tenant yelling and behaving aggressively.)
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.
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.

Order

The tenancy of [The tenant/s] tenant/s] at Unit/Flat 2, 46 Malfroy Road, Rotorua, is terminated and possession granted to Tremains Property Management immediately.

Reasons

The Landlord 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 Landlord claims the Tenant has been loud and aggressive towards the property managers and neighbouring tenants, since they purchased the property (the flats at 46 Malfroy Road) on 1 September 2025. Many of the tenants are elderly and so scared that they lock themselves inside their flats.
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 has served three notices as follows: a. 9 September 2025 incident: A complaint was received regarding loud and aggressive behaviour towards a neighbouring tenant. (The property manager gave evidence of the tenant having been at their offices early in the morning and having been aggressive towards their staff.) b. 3 October 2025 (morning): A complaint was received reporting that the tenant was yelling in the driveway, making racist remarks, and threatening other tenants. (The property managers visited the property and found the Tenant behaving aggressively and yelling.) c. 3 October 2025 (afternoon): A further complaint was received from another neighbouring tenant about the tenant’s aggressive behaviour – yelling – in the driveway. (The property managers visited the premises immediately after receiving the complaint and found the tenant yelling and behaving aggressively.)
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.
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.

Tenancy Tribunal case 5366323 — Harassment at Unit/Flat Flat 2, 46 Malfroy Road, Victoria, Rotorua 3010

At a glance

Claims & awards

Tenancy Tribunal case 5366323 — Harassment at Unit/Flat Flat 2, 46 Malfroy Road, Victoria, Rotorua 3010

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.