What was Tenancy Tribunal case 5509903 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat Unit 1202, 139C Greys

How much money was awarded in case 5509903?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5509903?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5509903?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13740464-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5509903 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat Unit 1202, 139C Greys

How much money was awarded in case 5509903?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5509903?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5509903?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13740464-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 1202, 139C Greys Avenue, Auckland Central, Tenancy Tribunal Case 5509903 — Harassment

Order

The tenancy of [The tenant/s] at Unit/Flat Unit 1202, 139C Greys Avenue, Auckland Central, Auckland 1010 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11.59 am on Friday 19 June 2026.

Reasons

Both parties attended the remote hearing.
The tenant had support workers in attendance to assist him.
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 resides in a multi-level unit.
The landlord states that the anti-social behaviour is as set out in each of the anti- social behaviour notices. First Notice
The first notice Is dated 7 April 2026 and relates to an incident which occurred on 28 March 2026. A staff member of the landlord provided a statement. The statement records there the tenant was seen engaging in a verbal altercation with another tenant ( Mr A) outside their respective units .Mr A left that level and the building. The tenant obtained a large stick from his unit and followed Mr A outside the building. The tenant said to Mr A that “ What is your problem aye, aye I’ll fucken kill you.” The parties were separated by staff and the incident deescalated. Police were called. No charges were laid. Second Notice
The second notice is dated 21 April 2026 and relates to an incident on 19 April 2026. The landlord’s staff member gave evidence that the tenant was seen on CCTV outside the premises throwing both a rock and a motorcycle helmet against a car owned by Mr A. Damage was caused to the car. The police were called. No charges were laid. Third Notice
The third notice is dated 11 May 2026 and relates to an incident on 26 April 2026. Evidence from a staff member of the landlord was given that they received a telephone call at reception from the tenant. The tenant complained that Mr A was banging on his walls whilst he was trying to get some sleep. The tenant said, “Bro I’m fucking sick of this guy man come up and do something about it”.
Staff went to the tenants unit. When the tenant answered the door, he was holding a knife and said, “I’m fucking over this bro sort him out or I will”. Staff persuaded the tenant to put the knife down. At that point, the tenant said, “I’m going to stab him in the neck, I’m sick of it”. The tenant accompanied staff down to reception. Staff then spoke to Mr A.
The tenant returned to the hallway outside his unit whilst staff were talking to Mr A. Both the tenant and Mr A proceeded to propose that they fight. Staff thankfully managed to deescalate the situation. Police were called. No charges were laid.
The tenant said that Mr A had mental health issues and was very difficult to live next to. He said that Mr A abused and threatened him and that he felt entitled to defend himself,
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 anti-social 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 anti- social 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.
I have taken into account the evidence presented by the parties as set out above. I find that the threats and damage caused, amount to anti-social behaviour.
I have determined that the landlord has established that anti-social 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, and the application to the Tribunal was made within 28 days of the date of the third notice. No challenge was made by the tenant to the notices except the challenge raised at the hearing.
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.
A fourth notice was issued to the tenant on 9 June 2026. I have not taken that notice into account in considering this matter.
I cannot consider the impact on the tenant, in making an order for termination of the tenancy.
The tenancy is terminated.

Order

The tenancy of [The tenant/s] at Unit/Flat Unit 1202, 139C Greys Avenue, Auckland Central, Auckland 1010 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11.59 am on Friday 19 June 2026.

Reasons

Both parties attended the remote hearing.
The tenant had support workers in attendance to assist him.
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 resides in a multi-level unit.
The landlord states that the anti-social behaviour is as set out in each of the anti- social behaviour notices. First Notice
The first notice Is dated 7 April 2026 and relates to an incident which occurred on 28 March 2026. A staff member of the landlord provided a statement. The statement records there the tenant was seen engaging in a verbal altercation with another tenant ( Mr A) outside their respective units .Mr A left that level and the building. The tenant obtained a large stick from his unit and followed Mr A outside the building. The tenant said to Mr A that “ What is your problem aye, aye I’ll fucken kill you.” The parties were separated by staff and the incident deescalated. Police were called. No charges were laid. Second Notice
The second notice is dated 21 April 2026 and relates to an incident on 19 April 2026. The landlord’s staff member gave evidence that the tenant was seen on CCTV outside the premises throwing both a rock and a motorcycle helmet against a car owned by Mr A. Damage was caused to the car. The police were called. No charges were laid. Third Notice
The third notice is dated 11 May 2026 and relates to an incident on 26 April 2026. Evidence from a staff member of the landlord was given that they received a telephone call at reception from the tenant. The tenant complained that Mr A was banging on his walls whilst he was trying to get some sleep. The tenant said, “Bro I’m fucking sick of this guy man come up and do something about it”.
Staff went to the tenants unit. When the tenant answered the door, he was holding a knife and said, “I’m fucking over this bro sort him out or I will”. Staff persuaded the tenant to put the knife down. At that point, the tenant said, “I’m going to stab him in the neck, I’m sick of it”. The tenant accompanied staff down to reception. Staff then spoke to Mr A.
The tenant returned to the hallway outside his unit whilst staff were talking to Mr A. Both the tenant and Mr A proceeded to propose that they fight. Staff thankfully managed to deescalate the situation. Police were called. No charges were laid.
The tenant said that Mr A had mental health issues and was very difficult to live next to. He said that Mr A abused and threatened him and that he felt entitled to defend himself,
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 anti-social 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 anti- social 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.
I have taken into account the evidence presented by the parties as set out above. I find that the threats and damage caused, amount to anti-social behaviour.
I have determined that the landlord has established that anti-social 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, and the application to the Tribunal was made within 28 days of the date of the third notice. No challenge was made by the tenant to the notices except the challenge raised at the hearing.
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.
A fourth notice was issued to the tenant on 9 June 2026. I have not taken that notice into account in considering this matter.
I cannot consider the impact on the tenant, in making an order for termination of the tenancy.
The tenancy is terminated.

Tenancy Tribunal case 5509903 — Harassment at Unit/Flat Unit 1202, 139C Greys Avenue, Auckland Central,

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Tenancy Tribunal case 5509903 — Harassment at Unit/Flat Unit 1202, 139C Greys Avenue, Auckland Central,

At a glance

Claims & awards

Order

Reasons

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Key findings

Property management

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Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions