What was the outcome of Tenancy Tribunal case 4660269?

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

How much money was awarded in case 4660269?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4660269?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4660269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9367868-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4660269?

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

How much money was awarded in case 4660269?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4660269?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4660269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9367868-Tenancy_Tribunal_Order.pdf.

Unit/Flat 620, 72 Nelson Street, Auckland Central, Auckland Tenancy Tribunal Case 4660269 — Harassment

Order

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

Reasons

The landlord attended the hearing, the respondent did not.
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 was as follows: a. 08 May 2023: Around 11.00 pm on 08 May 2023, tenants of neighbouring apartments alerted the building manager of loud music, loud arguing and banging coming from apartment 620. When security attended, a visitor at apartment 620 said to security: “Fuck off before I scream rape.” Back-up security were called. Arguing and banging continued inside apartment 620. Police eventually also attended. The tenant and the visitor both appeared intoxicated. The building manager wrote a report on the incident and sent it to the landlord. b. 17 June 2023: Between 11.08 pm on 16 June 2023 and 8.04 am on 17 June 2023, a visitor was seen entering and then leaving apartment 620. This visitor took fire extinguishers from levels 4, 5 and 6 of the building and set them off inside the building. Eventually the visitor took the fire extinguishers away with him. Police attended and the visitor was arrested and trespassed from the building. The building manager wrote a report on the incident and sent it to the landlord. c. 22 July 2023: At 7.00 pm the tenant of apartment 620 entered the building and was consuming alcohol in the common area. Security approached the tenant and issued her with a warning, to which she complied. At 12.07 am 23 July 2023 the tenant of apartment 620 visited a relative in apartment
There was some loud noise. Security confronted the tenant again and again the tenant was compliant. The building manager wrote a report on the incident and sent it to 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 landlord as set out above.
The landlord 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 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 on the first occasion on 08 May 2023 and on the second occasion on 16/17 June 2023.
I am not convinced that the tenant’s behaviour on the third occasion on 22/23 July 2023 amounted to anti-social behaviour. This is because no evidence of a complaint from another tenant was put before the Tribunal, and there is no evidence of the tenant causing distress, or alarm or nuisance that was more than minor in nature to any person. Even when approached by security on both occasions of this incident, the tenant was compliant.
Evidence of a fourth incident was put before the Tribunal, but I cannot consider this as it has not been the subject of a notice that complies with section 55A of the Residential Tenancies Act 1986 that is part of this application.
A letter from the Owner’s Committee at Zest Apartments was also presented to the Tribunal which asks that the landlord “remove this tenant at the earliest.” Again this letter is not information that I can consider in support of the application before the Tribunal today.

Order

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

Reasons

The landlord attended the hearing, the respondent did not.
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 was as follows: a. 08 May 2023: Around 11.00 pm on 08 May 2023, tenants of neighbouring apartments alerted the building manager of loud music, loud arguing and banging coming from apartment 620. When security attended, a visitor at apartment 620 said to security: “Fuck off before I scream rape.” Back-up security were called. Arguing and banging continued inside apartment 620. Police eventually also attended. The tenant and the visitor both appeared intoxicated. The building manager wrote a report on the incident and sent it to the landlord. b. 17 June 2023: Between 11.08 pm on 16 June 2023 and 8.04 am on 17 June 2023, a visitor was seen entering and then leaving apartment 620. This visitor took fire extinguishers from levels 4, 5 and 6 of the building and set them off inside the building. Eventually the visitor took the fire extinguishers away with him. Police attended and the visitor was arrested and trespassed from the building. The building manager wrote a report on the incident and sent it to the landlord. c. 22 July 2023: At 7.00 pm the tenant of apartment 620 entered the building and was consuming alcohol in the common area. Security approached the tenant and issued her with a warning, to which she complied. At 12.07 am 23 July 2023 the tenant of apartment 620 visited a relative in apartment
There was some loud noise. Security confronted the tenant again and again the tenant was compliant. The building manager wrote a report on the incident and sent it to 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 landlord as set out above.
The landlord 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 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 on the first occasion on 08 May 2023 and on the second occasion on 16/17 June 2023.
I am not convinced that the tenant’s behaviour on the third occasion on 22/23 July 2023 amounted to anti-social behaviour. This is because no evidence of a complaint from another tenant was put before the Tribunal, and there is no evidence of the tenant causing distress, or alarm or nuisance that was more than minor in nature to any person. Even when approached by security on both occasions of this incident, the tenant was compliant.
Evidence of a fourth incident was put before the Tribunal, but I cannot consider this as it has not been the subject of a notice that complies with section 55A of the Residential Tenancies Act 1986 that is part of this application.
A letter from the Owner’s Committee at Zest Apartments was also presented to the Tribunal which asks that the landlord “remove this tenant at the earliest.” Again this letter is not information that I can consider in support of the application before the Tribunal today.

Tenancy Tribunal case 4660269 — Harassment at Unit/Flat 620, 72 Nelson Street, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 4660269 — Harassment at Unit/Flat 620, 72 Nelson Street, Auckland Central, Auckland

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