How much money was awarded in case 4616176?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4616176?

The primary dispute was 14-day notice. Related themes: Harassment.

Where can I read the official tribunal order for case 4616176?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9201850-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4616176?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4616176?

The primary dispute was 14-day notice. Related themes: Harassment.

Where can I read the official tribunal order for case 4616176?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9201850-Tenancy_Tribunal_Order.pdf.

Unit/Flat 23, 40 Bristol Street, St Albans, Christchurch 8014, Tenancy Tribunal Case 4616176 — 14-day notice

Q: What was the outcome of Tenancy Tribunal case 4616176?

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

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

The tenancy of Jeremy James Fergusson at Unit/Flat 23, 40 Bristol Street, St Albans, Christchurch 8014, PICKERING COURTS is terminated, and possession is granted to Otautahi Community Housing Trust, at 4pm on Friday, 28 July 2023.

Jeremy James Fergusson must pay Otautahi Community Housing Trust $20.44 immediately, being the filing fee on this application.

Reasons

Both parties attended the hearing.

The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of assault, threat of assault and anti-social behaviour from the tenant.

I heard evidence from five other tenants of this social housing complex. The evidence established a clear pattern of threats and anti-social behaviour by Mr Fergusson, particularly when he has been drinking. Witnesses referred to verbal threats, I was provided with text messages sent by Mr Fergusson to another tenant and heard telephone and video recordings.

One of the witnesses presented a video of an incident on 8 June 2023 where Mr Fergusson was involved in an argument with another tenant. The witness recorded the incident for some time when Mr Fergusson suddenly turned on her, grabbed the phone and in doing so pushed her to the ground. Those actions amount to an assault. That witness also referred me to a Medical Certificate recording her injuries and photographs.

Video from 8 June also records Mr Fergusson threatening a third resident of the complex, Mr D. Mr D gave evidence and described Mr Fergusson’s behaviour as escalating, with “major blowouts” every two to three weeks.

The landlord also played a recording of a telephone call by Mr Fegusson to the landlord’s helpline. During that call the tenant stated he would personally assault an employee of the landlord, Mr K, if Mr K came onto the premises. On both occasions, the tenant acknowledged that the call was being recorded and on the second occasion said he was prepared to go to prison for such an assault.

Subject to a very limited discretion the Tribunal must terminate a tenancy where the tenant has assaulted or threatened to assault the landlord or another occupier of the complex. See section 55(1)(c)(i) & (2) Residential Tenancies Act 1986 (RTA).

I have not outlined all the evidence, as the instances noted above were not disputed and clearly establish that the tenancy must be terminated.

Mr Fegusson accepted that the tenancy would be terminated but sought time to move. Given the nature of the evidence against him, I am not persuaded that a long period of time should be given. The landlord’s representative proposed a week. In my view that is reasonable.

The tenancy is terminated at 4pm on Friday, 28 July 2023. Termination for Assault or Threat of Assault

The landlord also applied for termination on the grounds of anti-social behaviour. The landlord states that the anti-social behaviour is text messages of a sexual nature being sent to another tenant at the complex, verbal threats to a tenant and visitor on 11 April 2023 verbal and physical abuse while drinking on 8 June 2023, abusing and throwing a beer can at gardening contractors of the landlord.

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.

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.

In this instance the landlord served four notices, as the pattern of behaviour continued after the first three. Mr Fergusson did not dispute the notices.

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. Mr Fergusson accepted that the tenancy would be terminated.

Order

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

Jeremy James Fergusson must pay Otautahi Community Housing Trust $20.44 immediately, being the filing fee on this application.

Reasons

Both parties attended the hearing.

The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of assault, threat of assault and anti-social behaviour from the tenant.

I have not outlined all the evidence, as the instances noted above were not disputed and clearly establish that the tenancy must be terminated.

The tenancy is terminated at 4pm on Friday, 28 July 2023. Termination for Assault or Threat of Assault

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.

In this instance the landlord served four notices, as the pattern of behaviour continued after the first three. Mr Fergusson did not dispute the notices.

I cannot consider the impact on the tenant, in making an order for termination of the tenancy. Mr Fergusson accepted that the tenancy would be terminated.

Tenancy Tribunal case 4616176 — 14-day notice at Unit/Flat 23, 40 Bristol Street, St Albans, Christchurch 8014,

At a glance

Tenancy Tribunal case 4616176 — 14-day notice at Unit/Flat 23, 40 Bristol Street, St Albans, Christchurch 8014,

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions