What was the outcome of Tenancy Tribunal case 4653969?

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

How much money was awarded in case 4653969?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4653969?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4653969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9415553-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4653969?

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

How much money was awarded in case 4653969?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4653969?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4653969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9415553-Tenancy_Tribunal_Order.pdf.

Unit/Flat 14, 7 Cecil Place, Waltham, Christchurch 8023, Tenancy Tribunal Case 4653969 — Harassment

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Sheylisa Rosa Johnson at Unit/Flat 14, 7 Cecil Place, Waltham, Christchurch 8023, Tommy Taylor Courts is terminated, and possession is granted to Otautahi Community Housing Trust, at 4pm on Thursday, 28 September 2023.
Sheylisa Rosa Johnson must pay Otautahi Community Housing Trust $20.44 immediately, being reimbursement of the Tribunal application fee

Reasons

Representatives of the landlord attended the hearing with witnesses. The tenant did not attend.
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 threatening other tenants in this social housing complex, repeatedly setting off the fire alarm for the complex, damaging property belonging to other tenants.
The landlord provided documentary evidence from the Police regarding false callouts for fire and confirmation that the tenant has been convicted and sentenced on related charges.
The landlord also called evidence from other tenants at the complex. Those residents gave evidence of threats of violence made by this tenant to other tenants.
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.
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.
The landlord acknowledged that this tenant would need some assistance to relocate and sought a termination date of 28 September 2023. I have made an order accordingly.
As the landlord was the successful party, I have awarded reimbursement of the filing fee.

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Sheylisa Rosa Johnson at Unit/Flat 14, 7 Cecil Place, Waltham, Christchurch 8023, Tommy Taylor Courts is terminated, and possession is granted to Otautahi Community Housing Trust, at 4pm on Thursday, 28 September 2023.
Sheylisa Rosa Johnson must pay Otautahi Community Housing Trust $20.44 immediately, being reimbursement of the Tribunal application fee

Reasons

Representatives of the landlord attended the hearing with witnesses. The tenant did not attend.
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 threatening other tenants in this social housing complex, repeatedly setting off the fire alarm for the complex, damaging property belonging to other tenants.
The landlord provided documentary evidence from the Police regarding false callouts for fire and confirmation that the tenant has been convicted and sentenced on related charges.
The landlord also called evidence from other tenants at the complex. Those residents gave evidence of threats of violence made by this tenant to other tenants.
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.
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.
The landlord acknowledged that this tenant would need some assistance to relocate and sought a termination date of 28 September 2023. I have made an order accordingly.
As the landlord was the successful party, I have awarded reimbursement of the filing fee.

Tenancy Tribunal case 4653969 — Harassment at Unit/Flat 14, 7 Cecil Place, Waltham, Christchurch 8023,

At a glance

Tenancy Tribunal case 4653969 — Harassment at Unit/Flat 14, 7 Cecil Place, Waltham, Christchurch 8023,

At a glance

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Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions