Published tribunal order
Tenancy Tribunal case 5561997 — Harassment at Unit/Flat 4, 456 Barbadoes Street, Edgeware, Christchurch
Decided 19 Aug 2026 · Published 19 Aug 2026 · Application 5561997
- Harassment
Order
- The tenancy of [The tenant/s] tenant/s] at Unit/Flat 4, 456 Barbadoes Street, Edgeware, Christchurch 8013 is terminated, and possession is granted to Rent Wise Property Management Limited, at 5pm on Friday 21 st August 2026.
- [The tenant/s] tenant/s] is to ay the sum of $28.00 to Rent Wise Property Management Limited for the filing fee.
Reasons
- The tenant failed to make himself available for today’s hearing. The applicant appeared by video conference. I attempted to telephone the tenant without success.
- 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 was served with three anti social notices dated 21 July, 23 July and again on the 10 th August. The evidence on the fie shows statements from more than one neighbour with concerns regarding the tenants behaviour towards them. The police have become involved on one occasion.
- The tenant is receiving support from a community agency. That person emailed the applicant asking for time for the tenant to vacate on Friday 21 st August 2026.
- 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 as set out above.
- I have determined that the landlord has established that anti-social behaviour has occurred on the premises by the. 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.
- 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.
- I cannot consider the impact on the tenant, in making an order for termination of the tenancy.
- Because Rent Wise Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.