How much money was awarded in case 4608911?

Management Limited As Agent For Wigg…: $20.44 awarded to landlord

What type of tenancy dispute was case 4608911?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4608911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9254939-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4608911?

Management Limited As Agent For Wigg…: $20.44 awarded to landlord

What type of tenancy dispute was case 4608911?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4608911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9254939-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 323 Panama Road, Mount Wellington, Auckland Tenancy Tribunal Case 4608911 — Harassment

Q: What was the outcome of Tenancy Tribunal case 4608911?

The tribunal order states: No application for suppression has been made in this case and no suppression

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Order

Claims and awards in Tenancy Tribunal application 4608911. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Management Limited As Agent For Wigglesworth Family Trust, at 11.59pm on Thursday 3 August 2023. 3. Lisiate Taufa is to	$20.44		Management Limited As Agent For Wigglesworth Family Trust, at 11.59pm on Thursday 3 August 2023. 3. Lisiate Taufa is to

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

The tenancy of Lisiate Taufa at Unit/Flat 2, 323 Panama Road, Mount Wellington, Auckland 1062 is terminated, and possession is granted to Crockers Property Management Limited As Agent For Wigglesworth Family Trust, at

59pm on Thursday 3 August 2023.

Lisiate Taufa is to pay $20.44 to Crockers Property Management Limited As Agent For Wigglesworth Family Trust immediately, being reimbursement of the filing fee.

Reasons

The agent for the landlord attended the hearing. The tenant did not attend. The absence of a party does not prevent the hearing from proceeding.

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 landlord states that the anti-social behaviour is repeat incidents of excessive loud noise and music and attendance by noise control and the Police at the property.

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 landlord as set out above. The landlord has produced complaints by emails from neighbouring properties setting out the incidents of disturbance and anti-social behaviour. The landlord’s evidence is undisputed.

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.

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.

As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4608911. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Management Limited As Agent For Wigglesworth Family Trust, at 11.59pm on Thursday 3 August 2023. 3. Lisiate Taufa is to	$20.44		Management Limited As Agent For Wigglesworth Family Trust, at 11.59pm on Thursday 3 August 2023. 3. Lisiate Taufa is to

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

59pm on Thursday 3 August 2023.

Lisiate Taufa is to pay $20.44 to Crockers Property Management Limited As Agent For Wigglesworth Family Trust immediately, being reimbursement of the filing fee.

Reasons

The agent for the landlord attended the hearing. The tenant did not attend. The absence of a party does not prevent the hearing from proceeding.

The landlord states that the anti-social behaviour is repeat incidents of excessive loud noise and music and attendance by noise control and the Police at the property.

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 cannot consider the impact on the tenant, in making an order for termination of the tenancy.

As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Tenancy Tribunal case 4608911 — Harassment at Unit/Flat 2, 323 Panama Road, Mount Wellington, Auckland

At a glance

Tenancy Tribunal case 4608911 — Harassment at Unit/Flat 2, 323 Panama Road, Mount Wellington, Auckland

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions