What was Tenancy Tribunal case 5379691 about?

The tribunal order states: The Tribunal orders suppression of the Tenant and the Landlord name and

How much money was awarded in case 5379691?

Filing Fee: $28.00 awarded to landlord; Rubbish Removal: $215.62 awarded to landlord

What type of tenancy dispute was case 5379691?

The primary dispute was Smoke alarms. Related themes: Harassment.

Where can I read the official tribunal order for case 5379691?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12740403-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5379691 about?

The tribunal order states: The Tribunal orders suppression of the Tenant and the Landlord name and

How much money was awarded in case 5379691?

Filing Fee: $28.00 awarded to landlord; Rubbish Removal: $215.62 awarded to landlord

What type of tenancy dispute was case 5379691?

The primary dispute was Smoke alarms. Related themes: Harassment.

Where can I read the official tribunal order for case 5379691?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12740403-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5379691 — Smoke alarms

Claims and awards in Tenancy Tribunal application 5379691. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal	$215.62		Rubbish removal
Filing fee reimbursement	$28.00		Filing fee reimbursement

Claims and awards in Tenancy Tribunal application 5379691. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal	$215.62		Rubbish removal
Filing fee reimbursement	$28.00		Filing fee reimbursement

Order

The Tribunal orders suppression of the Tenant and the Landlord name and identifying details.
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 12 noon today, Wednesday 19 November 2025.
The tenant must pay the landlord $243.62 immediately calculated as shown in the table below.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
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. See section 55A Residential Tenancies Act 1986 (RTA). Background to the tenancy
The premises are located in a large house which has been divided into four separate flats to provide community group housing. In each flat, tenants have an independent tenancy which provides for exclusive use of a room and sharing of other facilities in the flat such as kitchen and living areas. This tenancy is a periodic tenancy that commenced on 11 July 2025. The tenant shares the flat with two other tenants each subject to a separate tenancy agreement on the same terms. The entire building of 4 flats houses 9 tenants currently. Eligibility for the housing is for those with a mental health diagnosis.
Prior to this tenancy, the tenant was homeless and was supported into the tenancy by Mental Health, Addiction and Intellectual Disability Service (MHAIDS).
Unfortunately, the landlord has received numerous complaints and evidence of the tenant’s anti-social behaviour affecting co-tenants and neighbours. Therefore, the landlord says that the tenancy is no longer sustainable. They have issued a 90-day notice to terminate the tenancy which expires in January 2026. However, they wish to terminate the tenancy earlier, mainly on the basis of anti-social behaviour and breaches of the tenancy agreement and the tenants’ obligations under the RTA. This is because the behaviour is causing serious anxiety and stress for other tenants and neighbours. Anti-social behaviour evidence
The landlord’s evidence of anti-social behaviour and breaches of the tenancy agreement and RTA is summarised as follows: a. 15 July 2025: The landlord received complaints from the other tenants in the flat that the tenant was waking them up at 2am playing the piano in the common area. He later took the piano apart; b. 21 July: The other tenants in the flat complained that this tenant was taking their food and they were having to keep their food in their rooms; c. 23 July: Other tenants in the building complained that the tenant was leaving personal items, including shopping trolleys filled with miscellaneous items in communal walkways and blocking exit and entry doors to and from the building. Neighbours also complained that the tenant was taking items from their front yards. This resulted in the landlord issuing a 14-day breach notice on 23 July 2025 to remove these items from the common areas as it impeded other tenants access and presented a safety issue in the event of a fire; d. Complaints continued into August from other tenants that the tenant was stealing food and belongings from them; e. 8 August: A neighbour complained that the tenant took seedlings from her front garden and when confronted he threw them at her and started swearing at her aggressively. Another neighbour also reported that when telling the tenant not to leave his shopping trolley in front of their house, the tenant swore at them and threatened to “bash” them. This resulted in the landlord serving the tenant with the first written notice describing the anti- social behaviour on 20 August; f. 16 September: The tenant left bacon cooking on the stove unattended at
30pm causing a small fire; setting off the smoke alarms which lead to a Fire Service call out. This resulted in the landlord issuing a 14-day breach notice requesting that the tenant not leave cooking unattended to cause a similar incident again; g. 29 September 2025: The landlord received further complaints from other tenants that the tenant had that morning left large items such as furniture, 2 supermarket trolleys, clothing, a planter, and metal shelving, in the communal areas including the landing of the stairs next to the front doors of the adjoining flats, the hallway and the entry ramp. This was again blocking entry and exit routes posing a safety risk to other tenants and causing them distress. This resulted in the landlord serving a second written notice of anti-social behaviour on 29 September. The notice also required the tenant to remove the rubbish and belongings from communal areas immediately; h. 1 October: The landlord received complaints that the tenant allowed a friend to stay in his room and he was also keeping rotten food in his room; i. 15 October: The tenant failed to remove rubbish and belongings from the communal areas. Therefore the landlord arranged removal for which they seek reimbursement of the costs; j. 22 October: The landlord received reports from neighbours that the tenant was found sleeping in the middle of the road and on the footpath in the neighbourhood. k. 30 October: Another tenant complained that at 12.46am, the tenant was observed making loud noises when bringing items into the building in a shopping trolley. He scattered the items around the communal areas and when another tenant came out to check what was going on, the tenant abused them verbally with swearing and foul language. This resulted in the landlord serving the tenant with a third written notice of anti-social behaviour on 30 October.
The landlord provided statements from support workers who have spoken to other tenants in the building about the tenants behaviour. They note that there has been two further Fire Service call outs after the tenant left food cooking unattended late at night causing small fires and activations of the smoke alarms; the tenant keeps rotten food in the fridge and in his room; he continues to take other tenants’ food; the tenant has smashed plates and cups in the flat; he regularly arrives home late at night drunk, shouting and making a lot of noise and brings other people home to stay. The other tenants are generally very anxious and stressed by this behaviour. They do not raise it with the tenant for fear of being shouted at and abused by him.
The landlord also produced photos taken by other tenants and neighbours showing the rubbish and belongings left by the tenant in the communal areas, and photos of the tenant sleeping on the road and footpath in the neighbourhood.
The landlord has made a referral to Noho Pai (Sustaining Tenancies) at Downtown Community Ministry to try and work with the tenant, but they have been unable to engage with him.

Should the tenancy be terminated?

Under section 55A RTA, 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 RTA, 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. Rubbish removal costs
I am also satisfied on the evidence that the tenant has not kept the premises reasonably clean and tidy by failing to remove rubbish and belongings from the communal areas as required by the landlord. The belongings have also impeded access to and from the building which is a safety issue. The landlord was therefore required to remove the items and they are entitled to recover the cost of doing so from the tenant. The amount sought is proved. Suppression and filing fee
As the landlord has succeeded with the claim, they are entitled to reimbursement of the filing fee and to suppression of their name and identifying details as requested. See section 95A(1) RTA.
Under section 95A(4), the Tribunal may, on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. In this case, I am cognisant of the tenant’s mental health and the possible adverse impact on him of publishing this decision. For that reason, I consider it is not in the public interest to publish his identifying details and they are also suppressed. K Stirling, 19 November 2025

Tenancy Tribunal case 5379691 — Smoke alarms

At a glance

Tenancy Tribunal case 5379691 — Smoke alarms

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions