How much money was awarded in case 5370383?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5370383?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5370383?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12662161-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5370383?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5370383?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5370383?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12662161-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5370383 — Harassment

Q: What was Tenancy Tribunal case 5370383 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

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.

The parties agree that the tenancy will continue but if Ms [The respondent/s] or her guests commit any further acts for which the landlord serves an anti-social behaviour notice, the tenancy will terminate 7 days after that notice is served. This will have effect until 13 April 2026. This is recorded as a conditional order of the Tribunal.

Reasons

Both parties attended the hearing. Ms [The respondent/s] was assisted by her step-father Mr [The respondent/s] whose helpful suggestions I am thankful for. I also thank the landlord’s representative for her constructive approach.

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 states that the anti-social behaviour is loud music in the early hours of the morning on a number of occasions and a motorcycle performed burnouts on the property on one of those occasions. Ohterwise the landlord describes [The respondent/s] as being an excellent tenant.

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 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.

Had it come to me I would have had to make an order terminating the lease as the landlord has proved that Ms[The respondent/s] or her guests, have acted in a way which breached the Act. However, the parties agree that the tenancy will continue but if Ms [The respondent/s] or her guests commit any further acts for which the landlord serves an anti-social behaviour notice, the tenancy will terminate 7 days after that notice is served. This will have effect until 13 April 2026.

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.
The parties agree that the tenancy will continue but if Ms [The respondent/s] or her guests commit any further acts for which the landlord serves an anti-social behaviour notice, the tenancy will terminate 7 days after that notice is served. This will have effect until 13 April 2026. This is recorded as a conditional order of the Tribunal.

Reasons

Both parties attended the hearing. Ms [The respondent/s] was assisted by her step-father Mr [The respondent/s] whose helpful suggestions I am thankful for. I also thank the landlord’s representative for her constructive approach.
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 states that the anti-social behaviour is loud music in the early hours of the morning on a number of occasions and a motorcycle performed burnouts on the property on one of those occasions. Ohterwise the landlord describes [The respondent/s] as being an excellent tenant.
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 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.
Had it come to me I would have had to make an order terminating the lease as the landlord has proved that Ms[The respondent/s] or her guests, have acted in a way which breached the Act. However, the parties agree that the tenancy will continue but if Ms [The respondent/s] or her guests commit any further acts for which the landlord serves an anti-social behaviour notice, the tenancy will terminate 7 days after that notice is served. This will have effect until 13 April 2026.

Tenancy Tribunal case 5370383 — Harassment

At a glance

Tenancy Tribunal case 5370383 — 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