How much money was awarded in case 4648110?

Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4648110?

The dispute type was not classified.

Where can I read the official tribunal order for case 4648110?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9507939-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4648110?

Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4648110?

The dispute type was not classified.

Where can I read the official tribunal order for case 4648110?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9507939-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 3 Farnborough Street, Aranui, Christchurch Tenancy Tribunal Case 4648110 — Tenancy dispute

Q: What was the outcome of Tenancy Tribunal case 4648110?

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

Order

Claims and awards in Tenancy Tribunal application 4648110 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Total payable by Tenant to Landlord	$20.44

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

The tenancy of Susan Marie Sheriff at Unit/Flat 1, 3 Farnborough Street, Aranui, Christchurch 8061 is terminated, and possession is granted to Prestige Property Management Limited, at 11.59pm Wednesday 8 November 2023.

Susan Marie Sheriff must pay Prestige Property Management Limited $20.44 immediately, being the filing fee on the application.

Reasons

Both parties attended the hearing by telephone.

The landlord has applied to terminate the tenancy under section 55(1)(c) of the Residential Tenancies Act 1986 (RTA). That section requires the Tribunal to terminate a tenancy where the tenant has assaulted, or threatened to assault, certain persons, in this case a neighbour of the premises. The Evidence

I heard direct evidence from the property manager and the tenant. The complainant is the neighbouring tenant. The alleged assault occurred on 29 July 2023. The property manager described how the tenant’s daughter was standing at the driveway gate and pushed the gate on to the neighbour.

The neighbour reported the incident to the police. Her statement was that she was at home when she was told that a person visiting the front tenant was blocking the shared driveway. The neighbour walked outside, and the tenant called out “what are you looking at? Are you going to put a complaint in to the property [manager]?”

The neighbour ignored this and was walking back to her property when a female in the vehicle stated that she would smash the neighbour. The female got out of the vehicle and approached the neighbour’s gate. The neighbour yelled at the female telling her to get off her property. At the same time the neighbour was trying to hold the gate however the female pushed the gate with enough force to hit the neighbour’s knee. The neighbour’s dog then came out to the gate and started barking. The female then walked away while stating that she was going to get people to visit the neighbour. The neighbour confirmed that the female is the daughter of the tenant.

The landlord further stated that anti-social notices have been issued to the tenant on 9 May 2022 and 31 July 2023. The landlord says that the anti-social notice dated 9 May 2022 was a result of verbal threats directed at the neighbour by the tenant.

The property manager says that the neighbour does not feel safe and that there is a pattern of abusive behaviour from the tenant. Both properties have a shared driveway. The neighbour must drive down past the tenant’s unit to get to her unit.

During the hearing the tenant responded by saying that the allegations are all a pack of lies. She also stated that the police cannot do anything as it is private property. She also stated that the neighbour has abused her on several occasions and does not see why she should be punished.

Should the tenancy be terminated?

The landlord has satisfied the Tribunal that the tenancy should be terminated on the basis that the tenant assaulted his neighbour, also a tenant at the complex where the premises are located. The landlord has provided photographic and video evidence in support of the application which I have sighted. Having considered all the evidence presented in support of this application I am satisfied that the grounds are made out and that the tenancy should be terminated.

Separately, the landlord’s evidence would meet the definition of harassment, because it was a serious breach of the neighbour’s quiet enjoyment of her tenancy. That breach is not capable or remedy, itself a ground for termination of the periodic tenancy.

The landlord stated that the neighbour continues to feel threatened and vulnerable, especially with her 10-year-old daughter living at the same address. This means she cannot have quiet enjoyment of her tenancy.

Because Prestige Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4648110 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Total payable by Tenant to Landlord	$20.44

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Susan Marie Sheriff at Unit/Flat 1, 3 Farnborough Street, Aranui, Christchurch 8061 is terminated, and possession is granted to Prestige Property Management Limited, at 11.59pm Wednesday 8 November 2023.
Susan Marie Sheriff must pay Prestige Property Management Limited $20.44 immediately, being the filing fee on the application.

Reasons

Both parties attended the hearing by telephone.
The landlord has applied to terminate the tenancy under section 55(1)(c) of the Residential Tenancies Act 1986 (RTA). That section requires the Tribunal to terminate a tenancy where the tenant has assaulted, or threatened to assault, certain persons, in this case a neighbour of the premises. The Evidence
I heard direct evidence from the property manager and the tenant. The complainant is the neighbouring tenant. The alleged assault occurred on 29 July 2023. The property manager described how the tenant’s daughter was standing at the driveway gate and pushed the gate on to the neighbour.
The neighbour reported the incident to the police. Her statement was that she was at home when she was told that a person visiting the front tenant was blocking the shared driveway. The neighbour walked outside, and the tenant called out “what are you looking at? Are you going to put a complaint in to the property [manager]?”
The neighbour ignored this and was walking back to her property when a female in the vehicle stated that she would smash the neighbour. The female got out of the vehicle and approached the neighbour’s gate. The neighbour yelled at the female telling her to get off her property. At the same time the neighbour was trying to hold the gate however the female pushed the gate with enough force to hit the neighbour’s knee. The neighbour’s dog then came out to the gate and started barking. The female then walked away while stating that she was going to get people to visit the neighbour. The neighbour confirmed that the female is the daughter of the tenant.
The landlord further stated that anti-social notices have been issued to the tenant on 9 May 2022 and 31 July 2023. The landlord says that the anti-social notice dated 9 May 2022 was a result of verbal threats directed at the neighbour by the tenant.
The property manager says that the neighbour does not feel safe and that there is a pattern of abusive behaviour from the tenant. Both properties have a shared driveway. The neighbour must drive down past the tenant’s unit to get to her unit.
During the hearing the tenant responded by saying that the allegations are all a pack of lies. She also stated that the police cannot do anything as it is private property. She also stated that the neighbour has abused her on several occasions and does not see why she should be punished.

Should the tenancy be terminated?

The landlord has satisfied the Tribunal that the tenancy should be terminated on the basis that the tenant assaulted his neighbour, also a tenant at the complex where the premises are located. The landlord has provided photographic and video evidence in support of the application which I have sighted. Having considered all the evidence presented in support of this application I am satisfied that the grounds are made out and that the tenancy should be terminated.
Separately, the landlord’s evidence would meet the definition of harassment, because it was a serious breach of the neighbour’s quiet enjoyment of her tenancy. That breach is not capable or remedy, itself a ground for termination of the periodic tenancy.
The landlord stated that the neighbour continues to feel threatened and vulnerable, especially with her 10-year-old daughter living at the same address. This means she cannot have quiet enjoyment of her tenancy.
Because Prestige Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4648110 — Tenancy dispute at Unit/Flat 1, 3 Farnborough Street, Aranui, Christchurch

At a glance

Tenancy Tribunal case 4648110 — Tenancy dispute at Unit/Flat 1, 3 Farnborough Street, Aranui, Christchurch

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions