What was the outcome of Tenancy Tribunal case 5470969?

The tribunal order states: The tenancy of David Robert Cavaye at Unit/Flat 1, 253C Kiripaka Road,

How much money was awarded in case 5470969?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5470969?

The primary dispute was 14-day notice. Related themes: Harassment.

Where can I read the official tribunal order for case 5470969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13383287-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5470969?

The tribunal order states: The tenancy of David Robert Cavaye at Unit/Flat 1, 253C Kiripaka Road,

How much money was awarded in case 5470969?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5470969?

The primary dispute was 14-day notice. Related themes: Harassment.

Where can I read the official tribunal order for case 5470969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13383287-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 253C Kiripaka Road, Tikipunga, Whangarei Tenancy Tribunal Case 5470969 — 14-day notice

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Reasons

The landlord attended the videoconference hearing today.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations. The breach relates to anti-social behaviour by the tenant.

Section 55A of the Residential Tenancies Act 1986 (the Act) cannot be relied on, because only two notices of anti-social behaviour have been served.

However, a termination order must be made pursuant to section 55(1)(c) of the Act if the Tribunal is satisfied that the tenant has threatened to assault the landlord or the owner.

On 27 February 2026 the tenant sent the owner a text message which threatened to kill the owner in certain circumstances. An offence of “Speaks Threateningly” was reported to the Police. I find that this was a breach of section 55(1)(c).

I also consider that there are grounds to terminate the tenancy as a result of the tenant’s breach of section 40(2)(c) of the Act. This provides that the tenant must not interfere with the reasonable peace, comfort or privacy of any person residing in the neighbourhood. On 12 February 2026, the tenant created a loud disturbance between midnight and 4.30am which was unsettling for neighbours, who were concerned (from the shouting and slamming of doors) that someone there was in distress.

On 22 February 2026 the tenant threatened a group of female dog trainers in the park that adjoins the premises. This incident also involved the tenant threatening a neighbour with an iron bar, who the tenant believed had been watching him on surveillance camera. When the landlord went to speak to the tenant on 26 February 2026, he found him at the boundary to the neighbour’s property, staring at the neighbour’s house. The landlord’s written statement said that the tenant admitted to shouting at the neighbour and the Police had spoken to him earlier that day. During the conversation, the tenant made an implicit threat of violence against the neighbour, stating that he would not be responsible for anything that happened to him.

I find that the tenant has breached several provisions of the Act and that the breaches are serious and not capable of remedy. The tenant’s behaviour has caused significant alarm and distress to neighbours and the owner. It would be inequitable to refuse to terminate the tenancy because it is likely the tenant’s threatening behaviour would then continue.

The landlord’s application has been successful. I award the filing fee.

Reasons

The landlord attended the videoconference hearing today.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations. The breach relates to anti-social behaviour by the tenant.

Section 55A of the Residential Tenancies Act 1986 (the Act) cannot be relied on, because only two notices of anti-social behaviour have been served.

However, a termination order must be made pursuant to section 55(1)(c) of the Act if the Tribunal is satisfied that the tenant has threatened to assault the landlord or the owner.

The landlord’s application has been successful. I award the filing fee.

Tenancy Tribunal case 5470969 — 14-day notice at Unit/Flat 1, 253C Kiripaka Road, Tikipunga, Whangarei

At a glance

Tenancy Tribunal case 5470969 — 14-day notice at Unit/Flat 1, 253C Kiripaka Road, Tikipunga, Whangarei

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions