What was the outcome of Tenancy Tribunal case 5418729?

The tribunal order states: The tenancy of PHILLIP SAM TAYLOR at Unit/Flat 3, 55 Ward Street,

How much money was awarded in case 5418729?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5418729?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5418729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13009131-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5418729?

The tribunal order states: The tenancy of PHILLIP SAM TAYLOR at Unit/Flat 3, 55 Ward Street,

How much money was awarded in case 5418729?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5418729?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5418729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13009131-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 55 Ward Street, Addington, Christchurch 8024 Tenancy Tribunal Case 5418729 — Harassment

Reasons

The landlord attended the hearing. The tenant was properly served with the application and the notices but he did not attend 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 tenant lives in a unit in a complex with six other units.

The landlord states that the anti-social behaviour is ongoing. The behaviour includes fighting, yelling, throwing things in the driveway, swearing at the other tenants, and threatening the other tenants. I have seen a police record showing there have been 27 police ‘callouts for service’ involving the tenant in the four months from August to December 2025.

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 antisocial 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 antisocial 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.

Kainga Ora served the three notices required on 13 October, 18 November and 10 December 2025. I accept the behaviour described in each notice is antisocial behaviour.

The landlord provided two witness statements and one witness gave evidence at the hearing. She confirmed her statement. She had a video showing someone from the tenant’s unit aggressively throwing a vacuum cleaner down the driveway. She said the tenant’s behaviour is continuing. She said his constant swearing, yelling and threatening behaviour is traumatic for her and her child.

I have not heard any evidence from the tenant. I find the police record and the witness evidence to be persuasive. I find that the landlord has established that antisocial 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 (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.

The RTA is clear that I cannot consider the impact on the tenant in making an order for termination of the tenancy.

Order

The tenancy of PHILLIP SAM TAYLOR at Unit/Flat 3, 55 Ward Street, Addington, Christchurch 8024 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.

Reasons

The landlord attended the hearing. The tenant was properly served with the application and the notices but he did not attend 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 tenant lives in a unit in a complex with six other units.
The landlord states that the anti-social behaviour is ongoing. The behaviour includes fighting, yelling, throwing things in the driveway, swearing at the other tenants, and threatening the other tenants. I have seen a police record showing there have been 27 police ‘callouts for service’ involving the tenant in the four months from August to December 2025.
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 antisocial 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 antisocial 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.
Kainga Ora served the three notices required on 13 October, 18 November and 10 December 2025. I accept the behaviour described in each notice is antisocial behaviour.
The landlord provided two witness statements and one witness gave evidence at the hearing. She confirmed her statement. She had a video showing someone from the tenant’s unit aggressively throwing a vacuum cleaner down the driveway. She said the tenant’s behaviour is continuing. She said his constant swearing, yelling and threatening behaviour is traumatic for her and her child.
I have not heard any evidence from the tenant. I find the police record and the witness evidence to be persuasive. I find that the landlord has established that antisocial 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 (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.
The RTA is clear that I cannot consider the impact on the tenant in making an order for termination of the tenancy.

Tenancy Tribunal case 5418729 — Harassment at Unit/Flat 3, 55 Ward Street, Addington, Christchurch 8024

At a glance

Tenancy Tribunal case 5418729 — Harassment at Unit/Flat 3, 55 Ward Street, Addington, Christchurch 8024

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions