Tenantcheck Insights · Case study
Tenancy Tribunal case 5389165 — Harassment at Unit/Flat 2, 5A Oran Road, Panmure, Auckland 1072
Decided 18 Dec 2025 · Published 18 Dec 2025 · Application 5389165
- Harassment
At a glance
Key facts from the published tribunal order.
Location
Auckland
Tribunal region
Adjudicator
J Tam
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- The tenancy of [The tenant/s] tenant/s] at Unit/Flat 2, 5A Oran Road, Panmure, Auckland 1072 is terminated, and possession is granted to Rising Property Management Limited, at 5pm on 15 January 2026.
- Leave is granted for the landlord to seek early termination of the tenancy in the event of any further anti-social behaviour occurring before 15 January 2026.
Reasons
- Both parties 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 states these anti-social behaviour being engaged by the tenant: a. On 9 August 2025, the tenant entered the building of 3/5A Oran Road without the permission of the tenants and refused to leave the building when the neighbouring tenant asked her to leave. Police were called to this incident. b. On 12th August 2025 at approximately 13:30, the tenant attempted to enter the building of 3/5A Oran Road without the permission of the tenants and assaulted a male tenant by pushing past him whilst trying to enter the building. Police were called to this incident. c. On Saturday, 01 November 2025 and Sunday, 02 November 2025 from late evening on Saturday through to 11am on Sunday there have been verbal abuse, shouting and possible physical violence. This episode began late in the evening on Saturday and continued through to Sunday morning around 11am. Neighbours became fearful of their safety and placed a call to the police.
- 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 landlord 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.
- The tenant at the hearing accepts the above occurrences of anti-social behaviour. The tenant also accepted that her actions were directed at her former partner who is now incarcerated. The tenant is prepared to vacate the premises and vowed not to repeat her actions and conduct.
- 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.
- The landlord is prepared to grant the tenant some time and leeway to vacate the premises.
- The parties agree on 15 January 2026 for the tenancy to be terminated on condition that the tenant does not engage in further disturbances of the neighbours’ peace and does not engage in any further anti-social behaviour.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Key findings
- Dispute theme: harassment
Property management
- RISING PROPERTY MANAGEMENT LIMITED (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 5389165 about?
The tribunal order states: The tenancy of [The tenant/s] tenant/s] at Unit/Flat 2, 5A Oran Road, Panmure,
How much money was awarded in case 5389165?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5389165?
The primary dispute was Harassment.
Where can I read the official tribunal order for case 5389165?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12896221-Tenancy_Tribunal_Order.pdf.
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