What was Tenancy Tribunal case 5528873 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat Suite 11A, 2-6 May Road, Mangere

How much money was awarded in case 5528873?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5528873?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5528873?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13840930-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5528873 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat Suite 11A, 2-6 May Road, Mangere

How much money was awarded in case 5528873?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5528873?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5528873?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13840930-Tenancy_Tribunal_Order.pdf.

Unit/Flat Suite 11A, 2-6 May Road, Mangere East, Auckland Tenancy Tribunal Case 5528873 — Harassment

Order

The tenancy of [The tenant/s] at Unit/Flat Suite 11A, 2-6 May Road, Mangere East, Auckland 2024 is terminated, and possession is granted to Home In Place (New Zealand) Limited, immediately.

Reasons

The landlord attended the hearing. The landlord was represented by Mr Bagga.
The tenant was properly served. She did not attend the hearing. She did not answer the two calls I made to her phone.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant. The tenant lives in a social housing complex with a number of other tenants and neighbours in close proximity.
The landlord states that the anti-social behaviour is yelling at all hours of the day and night, verbal abuse of others in the complex, threats to kills other tenants, walking around the common areas with a knife, and assaulting one of the residents.
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. See section 55A Residential Tenancies Act 1986 (RTA).
I heard evidence from Mr Bagga. He said he heard the tenant yelling in her unit when they went to serve the third notice for anti-social behaviour. He also showed me emails from other tenants who have been affected by the tenant’s behaviour.
I heard from two witnesses. Witness one lives in the same building. She told me about her experience with the tenant. She said she has seen and heard the tenant standing at the entryway and yelling abuse and swearing as people walk past. She has seen the tenant kicking doors and windows. She has been chased by the tenant when she was trying to hang up her laundry in a common area. The witness said she is worried the tenant could get into her unit and she has started to check if the tenant is around before she goes anywhere. The witness provided two short videos to Mr Bagga which I have seen. She said the tenant’s behaviour has been worse in the last three weeks.
Witness two said the tenant makes noise all day and all night. She said it has been very hard for her to sleep and this has affected her work. Sometimes this happens in the tenant’s room and sometimes in the communal kitchen. Witness two said that on two occasions the tenant has shouted through her door “Come out here [name] I want to kill you”. This was unprovoked. Witness two has called the police and the tenant has been charged but the police let her come back to the building. Witness two also said the tenant can be heard smashing things in her room. She is sometimes so loud that witness two has heard her from the car park. Witness two said this behaviour has got worse in the last two months, and it was confirmed that she emailed her concerns to Mr Bagga on 12 June.
I have taken into account the evidence presented by the landlord and the witnesses. I find that the landlord has established that anti-social behaviour has occurred on the premises by the tenant.
The landlord has served the notices on the tenant as required in the 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.
Section 55A RTA specifically provides that I cannot consider the impact on the tenant when making the order for termination of the tenancy.

Order

The tenancy of [The tenant/s] at Unit/Flat Suite 11A, 2-6 May Road, Mangere East, Auckland 2024 is terminated, and possession is granted to Home In Place (New Zealand) Limited, immediately.

Reasons

The landlord attended the hearing. The landlord was represented by Mr Bagga.
The tenant was properly served. She did not attend the hearing. She did not answer the two calls I made to her phone.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant. The tenant lives in a social housing complex with a number of other tenants and neighbours in close proximity.
The landlord states that the anti-social behaviour is yelling at all hours of the day and night, verbal abuse of others in the complex, threats to kills other tenants, walking around the common areas with a knife, and assaulting one of the residents.
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. See section 55A Residential Tenancies Act 1986 (RTA).
I heard evidence from Mr Bagga. He said he heard the tenant yelling in her unit when they went to serve the third notice for anti-social behaviour. He also showed me emails from other tenants who have been affected by the tenant’s behaviour.
I heard from two witnesses. Witness one lives in the same building. She told me about her experience with the tenant. She said she has seen and heard the tenant standing at the entryway and yelling abuse and swearing as people walk past. She has seen the tenant kicking doors and windows. She has been chased by the tenant when she was trying to hang up her laundry in a common area. The witness said she is worried the tenant could get into her unit and she has started to check if the tenant is around before she goes anywhere. The witness provided two short videos to Mr Bagga which I have seen. She said the tenant’s behaviour has been worse in the last three weeks.
Witness two said the tenant makes noise all day and all night. She said it has been very hard for her to sleep and this has affected her work. Sometimes this happens in the tenant’s room and sometimes in the communal kitchen. Witness two said that on two occasions the tenant has shouted through her door “Come out here [name] I want to kill you”. This was unprovoked. Witness two has called the police and the tenant has been charged but the police let her come back to the building. Witness two also said the tenant can be heard smashing things in her room. She is sometimes so loud that witness two has heard her from the car park. Witness two said this behaviour has got worse in the last two months, and it was confirmed that she emailed her concerns to Mr Bagga on 12 June.
I have taken into account the evidence presented by the landlord and the witnesses. I find that the landlord has established that anti-social behaviour has occurred on the premises by the tenant.
The landlord has served the notices on the tenant as required in the 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.
Section 55A RTA specifically provides that I cannot consider the impact on the tenant when making the order for termination of the tenancy.

Tenancy Tribunal case 5528873 — Harassment at Unit/Flat Suite 11A, 2-6 May Road, Mangere East, Auckland

At a glance

Claims & awards

Tenancy Tribunal case 5528873 — Harassment at Unit/Flat Suite 11A, 2-6 May Road, Mangere East, Auckland

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions