What was Tenancy Tribunal case 5503636 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5503636?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5503636?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5503636?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13674312-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5503636 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5503636?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5503636?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5503636?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13674312-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5503636 — Harassment

Tenantcheck Insights

Reasons

Both parties attended the hearing by video conference.

These parties have previously appeared before the Tribunal in relation to the same tenancy and an order was issued on 13 February 2026 awarding compensation to the tenant for stress and exhaustion and for failing to get the peace and enjoyment that they had contracted for under the tenancy agreement.

The tenant has applied to the Tribunal for an order to evict the neighbouring tenant and compensation for the failure of the landlord to evict the neighbouring tenant.

The tenant claims that that many of the issues raised in the previous application are continuing including parking and obstructing the driveway, suspected drug activity, anti-social and threatening behaviour between the neighbours at unit 2. This is continuing to cause anxiety and distress to the tenant who fears for her and her family’s safety.

The tenant said that she has put up with this behaviour for 14 months and has done her part by providing the landlord, Kāinga Ora–Homes And Communities Kainga Ora Homes and Communities, KO, with evidence and information by way of videos and times and dates of incidents. She feels like her concerns are being swept under the table and ignored.

The landlord said that following the previous order they have ensured that reasonable steps have been taken to address each of the concerns raised by the tenant about the neighbour’s behaviour. They claim that they have been actively managing the tenants’ complaints.

This includes investigating complaints, face to face meeting with the tenant and the neighbouring tenant and informing the neighbouring tenant that continuing behaviour may put their tenancy at risk.

One section 55A notice for antisocial behaviour was issued and one section 40 breach notice for breach of tenants’ responsibilities. The landlord said a second section 40 notice was going to be issued.

The landlord confirmed that a plan had been put in place to issue the required notices in order to support a successful application to the Tenancy Tribunal for termination. They highlighted that they needed clearer evidence to support some of the tenants claims of anti-social behaviour ,as the tenants’ claims of parking, smells and dog issues are not as serious as they had been. The evidence they required was outlined in an email dated 19 March 2026 following a face to face meeting. The law

The Residential Tenancies Act 1986, RTA, applies to every tenancy for residential purposes except as specifically provided, and the Tenancy Tribunal has jurisdiction to hear and determine any dispute between a landlord and a tenant in respect of any tenancy to which the Act applies. See Section 4 and 77(1) of the RTA.

Under the RTA an application for termination of a tenancy needs to be made by one of the parties of that tenancy agreement. As explained in the hearing, there is no provision for a tenant to apply to have another tenant’s tenancy terminated under the Residential Tenancies Act 1986.

It is acknowledged that the tenant is finding this situation very difficult and is feeling stressed and concerned. The tenant is providing KO with as much information as they can with respect to supporting their complaints which will aid the landlord in providing the evidence so that the correct notices can be issued to the neighbouring tenant.

However, the tenant has applied for the Tribunal to make an order terminating the neighbouring tenant’s tenancy and this is not an order that the Tenancy Tribunal can make and it follows that this claim is dismissed.

Can compensation be awarded?

The RTA states, Section 77(2)(n) Jurisdiction of Tribunal (2) ... the tribunal shall have jurisdiction to do the following things: ... (n) to order the landlord or the tenant under any tenancy agreement to which this Act applies to pay to the other party such sum by way of damages or compensation as the Tribunal shall assess in respect of the breach of any express or implied provision of the tenancy agreement or any provision of this Act...

I have found that the order sought by the tenant is not one that the Tribunal has jurisdiction to make. Failure to terminate another tenant’s tenancy is not a breach of the tenancy agreement or any provision of the RTA . As no breach has been established no order for compensation can be made.

The claim for compensation is dismissed.

The Tribunal has noted the landlord’s assurance that they will address and issue notices with respect to established breaches and there is a clear expectation that the landlord continues to take all complaints seriously and act promptly to ensure that all reasonable steps are taken to fulfil their obligations as a landlord.

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

This is a sensitive matter involving neighbour disputes and claims of antisocial behaviour. I find that it is appropriate to order name suppression of the applicant and publication of this order is not in the public interest.

Name suppression for the tenant is ordered.

Reasons

Both parties attended the hearing by video conference.

The tenant has applied to the Tribunal for an order to evict the neighbouring tenant and compensation for the failure of the landlord to evict the neighbouring tenant.

This includes investigating complaints, face to face meeting with the tenant and the neighbouring tenant and informing the neighbouring tenant that continuing behaviour may put their tenancy at risk.

Can compensation be awarded?

The claim for compensation is dismissed.

Name suppression for the tenant is ordered.

Tenancy Tribunal case 5503636 — Harassment

At a glance

Claims & awards

Tenancy Tribunal case 5503636 — Harassment

At a glance

Claims & awards

Order

Reasons

Can compensation be awarded?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Order

Reasons

Can compensation be awarded?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions