What was Tenancy Tribunal case 5406928 about?

The tribunal order states: The application by the Tenant is dismissed.

How much money was awarded in case 5406928?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5406928?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5406928?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13744986-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5406928 about?

The tribunal order states: The application by the Tenant is dismissed.

How much money was awarded in case 5406928?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5406928?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5406928?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13744986-Tribunal_Order.pdf.

Unit/Flat 5, 7 Kipling Ave, Epsom, Auckland 1023 Tenancy Tribunal Case 5406928 — Harassment

Order

The application by the Tenant is dismissed.

Reasons

Both parties attended the hearing.
The Tenant claimed for refund of the bond and compensation from the Landlord. The Tenant provided extensive evidence to the Tribunal via the filing of evidence and phone calls to Tenancy Services.
The Tenant submitted that the Landlord misrepresented the tenancy before it began, assuring her that the property was a safe, quiet, long-term, self- contained unit in a good neighbourhood. She said she relied on those representations when entering into the tenancy but found the opposite to be true from the day she moved in.
The Tenant stated that she suffers from PTSD arising from previous domestic violence and she told the Landlord of her condition. She alleged that shortly after moving in she was subjected to ongoing verbal abuse, threats and harassment by the Landlord and neighbouring tenants, particularly the neighbouring occupants of Units 6 and 7. She claimed they regularly called her abusive names, including "mental bitch", "stupid lesbian" and "evil", and that one neighbour threatened to kill her. She said she recorded many of these incidents and also had text messages showing that she repeatedly complained to the Landlord.
The Tenant submitted that despite her repeated complaints, the Landlord failed to take reasonable steps to address the behaviour of the neighbouring tenants. She alleged that he instead accused her of provoking the incidents, discouraged her from contacting him about the matter, and suggested she seek mental health assistance. She also alleged that another neighbouring tenant engaged in screaming and chanting every night which resulted in mental health crisis services and the Police becoming involved. She reported the Landlord to the police but they did not take action. She stated that he had destroyed her nervous system, he wanted her to commit suicide and he allowed others to abuse her so she moved out.
The Tenant stated that the ongoing harassment significantly worsened her mental health, requiring her to resume heavy medication for PTSD. She alleged that the Landlord's conduct and failure to intervene caused her health to deteriorate and ultimately forced her to leave the tenancy early to find alternative accommodation. The Tenant made multiple reports to the police and reports were provided in evidence.
The Tenant further submitted that the Landlord improperly attempted to trespass her from the property despite advice she had received from Tenancy Compliance officers that he had no authority to do so.
As a result of the Landlord's alleged breaches, the Tenant sought reimbursement of her moving costs, being $530 to move into the premises and $380 to move out, together with $10,000 in compensation for the distress and harm she says she suffered during the tenancy.
The Landlord denied the Tenant's allegations that he abused her or encouraged other tenants to engage in abusive or threatening behaviour. He submitted that it was the Tenant who was verbally abusive towards neighbouring tenants and that there had been multiple complaints made to the Police about her conduct.
The Landlord called two witnesses in support of his evidence: Mr Cooper, an employee at the property, and Mr Emmerson, who resided in the neighbouring property directly opposite the Tenant's unit.
Mr Cooper gave evidence that the Tenant's behaviour became uncooperative within two days of moving into the property. He said the Tenant was filming people entering and leaving the accommodation and had been instructed to stop recording other tenants and guests. He also stated that he witnessed the Tenant engaging in verbal altercations with neighbouring tenants and heard her call them "murderers", "homosexuals", "gangsters", and other offensive names.
Mr Emmerson gave evidence that, from his home directly facing the Tenant's unit, he regularly observed the Tenant arguing with neighbouring tenants and filming tenants and guests arriving at the property. He stated that he frequently saw Police attending the premises and was able to observe these events because health issues caused him to spend much of his time at home.
In considering the evidence the Tenant has not satisfied me, on the balance of probabilities, that the Landlord was abusive towards her or encouraged or caused other tenants to engage in abusive behaviour towards her.
I accept the evidence of the Landlord's witnesses, particularly that of Mr Emmerson, whom I found to be a credible and reliable witness. I also accept the evidence of Mr Cooper. Their evidence was that the Tenant engaged in anti- social behaviour towards neighbouring tenants and guests, including verbal altercations and filming people at the property.
The Tenant did not provide independent evidence corroborating her allegations that neighbouring tenants or the Landlord subjected her to ongoing abuse or harassment. While she made serious allegations against the Landlord, including allegations of violence, there is no evidence before me that those allegations resulted in any police action or other independent findings supporting her claim. In the absence of corroborating evidence, I am not satisfied on the balance of probabilities that the Tenant's allegations have been established.
For this reason, the claim is dismissed.
The Tenant has claimed a refund of the bond. However, she has not provided sufficient evidence to establish that she paid a bond at the commencement of the tenancy. The only evidence provided was a bank statement showing weekly payments made towards the end of the tenancy. Those payments appear to be rental payments rather than payment of a bond. In the absence of evidence establishing that a bond was paid, I am not satisfied that this claim has been proven.
The claim is dismissed.

Reasons

Both parties attended the hearing.

The Tenant claimed for refund of the bond and compensation from the Landlord. The Tenant provided extensive evidence to the Tribunal via the filing of evidence and phone calls to Tenancy Services.

The Tenant submitted that the Landlord misrepresented the tenancy before it began, assuring her that the property was a safe, quiet, long-term, self- contained unit in a good neighbourhood. She said she relied on those representations when entering into the tenancy but found the opposite to be true from the day she moved in.

The Tenant stated that she suffers from PTSD arising from previous domestic violence and she told the Landlord of her condition. She alleged that shortly after moving in she was subjected to ongoing verbal abuse, threats and harassment by the Landlord and neighbouring tenants, particularly the neighbouring occupants of Units 6 and 7. She claimed they regularly called her abusive names, including "mental bitch", "stupid lesbian" and "evil", and that one neighbour threatened to kill her. She said she recorded many of these incidents and also had text messages showing that she repeatedly complained to the Landlord.

The Tenant submitted that despite her repeated complaints, the Landlord failed to take reasonable steps to address the behaviour of the neighbouring tenants. She alleged that he instead accused her of provoking the incidents, discouraged her from contacting him about the matter, and suggested she seek mental health assistance. She also alleged that another neighbouring tenant engaged in screaming and chanting every night which resulted in mental health crisis services and the Police becoming involved. She reported the Landlord to the police but they did not take action. She stated that he had destroyed her nervous system, he wanted her to commit suicide and he allowed others to abuse her so she moved out.

The Tenant stated that the ongoing harassment significantly worsened her mental health, requiring her to resume heavy medication for PTSD. She alleged that the Landlord's conduct and failure to intervene caused her health to deteriorate and ultimately forced her to leave the tenancy early to find alternative accommodation. The Tenant made multiple reports to the police and reports were provided in evidence.

The Tenant further submitted that the Landlord improperly attempted to trespass her from the property despite advice she had received from Tenancy Compliance officers that he had no authority to do so.

As a result of the Landlord's alleged breaches, the Tenant sought reimbursement of her moving costs, being $530 to move into the premises and $380 to move out, together with $10,000 in compensation for the distress and harm she says she suffered during the tenancy.

The Landlord denied the Tenant's allegations that he abused her or encouraged other tenants to engage in abusive or threatening behaviour. He submitted that it was the Tenant who was verbally abusive towards neighbouring tenants and that there had been multiple complaints made to the Police about her conduct.

The Landlord called two witnesses in support of his evidence: Mr Cooper, an employee at the property, and Mr Emmerson, who resided in the neighbouring property directly opposite the Tenant's unit.

Mr Cooper gave evidence that the Tenant's behaviour became uncooperative within two days of moving into the property. He said the Tenant was filming people entering and leaving the accommodation and had been instructed to stop recording other tenants and guests. He also stated that he witnessed the Tenant engaging in verbal altercations with neighbouring tenants and heard her call them "murderers", "homosexuals", "gangsters", and other offensive names.

Mr Emmerson gave evidence that, from his home directly facing the Tenant's unit, he regularly observed the Tenant arguing with neighbouring tenants and filming tenants and guests arriving at the property. He stated that he frequently saw Police attending the premises and was able to observe these events because health issues caused him to spend much of his time at home.

In considering the evidence the Tenant has not satisfied me, on the balance of probabilities, that the Landlord was abusive towards her or encouraged or caused other tenants to engage in abusive behaviour towards her.

I accept the evidence of the Landlord's witnesses, particularly that of Mr Emmerson, whom I found to be a credible and reliable witness. I also accept the evidence of Mr Cooper. Their evidence was that the Tenant engaged in anti- social behaviour towards neighbouring tenants and guests, including verbal altercations and filming people at the property.

The Tenant did not provide independent evidence corroborating her allegations that neighbouring tenants or the Landlord subjected her to ongoing abuse or harassment. While she made serious allegations against the Landlord, including allegations of violence, there is no evidence before me that those allegations resulted in any police action or other independent findings supporting her claim. In the absence of corroborating evidence, I am not satisfied on the balance of probabilities that the Tenant's allegations have been established.

For this reason, the claim is dismissed.

The Tenant has claimed a refund of the bond. However, she has not provided sufficient evidence to establish that she paid a bond at the commencement of the tenancy. The only evidence provided was a bank statement showing weekly payments made towards the end of the tenancy. Those payments appear to be rental payments rather than payment of a bond. In the absence of evidence establishing that a bond was paid, I am not satisfied that this claim has been proven.

The claim is dismissed.

Tenancy Tribunal case 5406928 — Harassment at Unit/Flat 5, 7 Kipling Ave, Epsom, Auckland 1023

At a glance

Claims & awards

Tenancy Tribunal case 5406928 — Harassment at Unit/Flat 5, 7 Kipling Ave, Epsom, Auckland 1023

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions