Tenantcheck Insights · Case study
Tenancy Tribunal case 5479229 — 14-day notice at Unit 6, 8 Buscomb Avenue, Henderson, Auckland 0610
Decided 16 April 2026 · Published 16 April 2026 · Application 5479229
- 14-day notice
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Auckland
Tribunal region
Adjudicator
R Merrett
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 Jon James Jnr Ratahi And KAYLA AROHA RATAHI at Unit 6, 8 Buscomb Avenue, Henderson, Auckland 0610 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 2.15pm on Thursday 16 April 2026.
Reasons
- Ms Maturan-Abuid attended the hearing for the landlord, which was held by way of video conference. One of the tenants, Ms Ratahi, attended by phone. Mr Ratahi was phoned on the number provided for him, but the call went to voicemail.
- The landlord applied to terminate the tenancy on the basis that Mr Ratahi assaulted his neighbour. The neighbour lives next door to the tenancy premises (unit 5) with her children. Ms Ratahi said that she no longer lives at the tenancy premises. She said she moved out before the alleged incident occurred.
Should the tenancy be terminated?
- The relevant law is found in section 55(1)(c) of the Residential Tenancies Act 1986 (the Act). That section provides that the Tribunal must make an order terminating the tenancy if the Tribunal is satisfied that the tenant has assaulted any neighbour of the premises. Section 55(2) of the Act provides that the Tribunal may refuse to make an order terminating the tenancy if, but only if, it is satisfied that the breach has been remedied if it is the type of breach that can be remedied, the landlord has been compensated for any loss arising from the breach, and it is unlikely the tenant will commit any further breach of the same kind: section 55(2) of the Act.
- The assault on the neighbour was said to occur in the early evening of 18 February 2026.
- The neighbour provided a written statement. She said that she was playing basketball with her children when Mr Ratahi approached her and punched her in the face, knocking her to the ground. When she got up, he punched her in the face again.
- The neighbour walked the short distance to the Police station and reported the incident. As instructed by the Police, she returned to her unit to wait for the Police to arrive. When she returned Mr Ratahi again approached her this time with a weapon, probably a hammer, and he hit her head with the weapon approximately four times. The Police arrived and stopped then attack. Mr Ratahi was arrested, and he has been charged with injuring with intent to cause grievous bodily harm, assaulting Police and resisting Police. He remains in custody.
- The neighbour sustained serious head injuries as a result of the attack, including requiring surgery (craniotomy). The neighbour continues to suffer serious physical and psychological consequences as a result, and her children, who witnessed the attack, have also been deeply affected by it.
- I am satisfied that the landlord has established the grounds for termination of the tenancy under section 55(1)(c) of the Act and there are no grounds for exercise my discretion in section 55(2) of the Act to not terminate the tenancy.
- The tenancy is therefore terminated.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s55(1), s55(2)
Key findings
- Dispute theme: termination 14day
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5479229?
The tribunal order states: The tenancy of Jon James Jnr Ratahi And KAYLA AROHA RATAHI at Unit 6, 8
How much money was awarded in case 5479229?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5479229?
The primary dispute was 14-day notice.
Where can I read the official tribunal order for case 5479229?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13457310-Tenancy_Tribunal_Order.pdf.