What was the outcome of Tenancy Tribunal case 4665288?

The tribunal order states: The tenancy of Dion Rowan at 193A Omokoroa Road, Omokoroa 3114 is

How much money was awarded in case 4665288?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,185.71 awarded to landlord

What type of tenancy dispute was case 4665288?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4665288?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9474910-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4665288?

The tribunal order states: The tenancy of Dion Rowan at 193A Omokoroa Road, Omokoroa 3114 is

How much money was awarded in case 4665288?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,185.71 awarded to landlord

What type of tenancy dispute was case 4665288?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4665288?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9474910-Tenancy_Tribunal_Order.pdf.

193A Omokoroa Road, Omokoroa 3114 Tenancy Tribunal Case 4665288 — Rent arrears

Claims and awards in Tenancy Tribunal application 4665288 — net $2,486.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29.9.23	$4,185.71	Rent arrears to 29.9.23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,486.15
Total payable by Tenant to Landlord	$2,486.15

Order

The tenancy of Dion Rowan at 193A Omokoroa Road, Omokoroa 3114 is terminated, and possession is granted to Eves Realty Limited as agent for Wei (Max) Han at midnight on Friday 29 September 2023.
The Bond Centre is to pay the bond of $1,720.00 (5856351-005) to Eves Realty Limited as agent for Wei (Max) Han immediately.
Dion Rowan must pay Eves Realty Limited as agent for Wei (Max) Han $2,486.15 immediately, calculated as shown in the table below:

Reasons

Ms Anne Moffatt and Mr Kirk Smith represented the landlord at today’s hearing. The tenant Mr Diona Rowan did not attend the hearing. I am satisfied he was given adequate notice of the hearing so the hearing proceeded in his absence.
The landlord has applied for termination of the tenancy, rent arrears, refund of filing fee, and refund of the bond.

Should the tenancy be terminated for rent arrears?

Rent was at least 21 days in arrears on the date the application was filed. So the tenancy must be terminated. See section 55(1)(a) Residential Tenancies Act 1986 (RTA).
The landlord provided rent records which prove the amount owing at the end of the tenancy as ordered. The tenant has failed to pay rent since early August.
The tenant has been granted bail in respect of some charges relating to the anti social behaviour exhibited as discussed below. Under his bail conditions he is not able to return to live at the tenancy premises. The tenancy is terminated today.

The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant.
In support of their application the landlord provided evidence of: a. The affected neighbour’s signed written statements of the 11.6.23 and
8.23 incidents. b. A copy of note written by the tenant and placed in another neighbour’s letter box. c. An email from Police confirming complaints made by the neighbours regarding the tenant’s behaviour.
The landlord states that the anti-social behaviour is: a. On 11 June 2023 the tenant was at the neighbour’s property threatening them with a baton and verbally abusing them. The teenaged children were at home alone at the time. Police charges followed for threatening to kill/grievous bodily harm and being present in an enclosed yard unlawfully. b. On 12 June 2023 the tenant ‘stirred trouble’ by leaving a note in another neighbour’s letterbox concerning their adult daughter with whom he had previously been ‘friendly’ when she lived behind him. The woman has allegedly shifted to live in Australia for her and her children’s safety from the tenant. Police confirmed that they dealt with a complaint from this woman about the tenant’s behaviour on 4 December 2022, and that she later shifted to live in Autralia. c. On 12 August 2023 the tenant was intimidating the neighbours by throwing rocks on to their roof (not the first time) and walking out on to his deck carrying a beer bottle and white rag that looked like a ‘molotov cocktail’. The Police were called and the tenant was arrested. It is unknown what charges have been laid in respect of this incident. The landlord says the tenant is on bail awaiting a hearing on 11 October 2023 in relation to these events.
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.
I am satisfied that the landlord has established that anti-social behaviour has occurred by the tenant. The three events all amount to behaviour that causes distress or alarm given the nature of the incident and the context in which it occurred. 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.
So the tenancy is also terminated for anti-social behaviour.
Because Eves Realty Limited as agent for Wei (Max) Han has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4665288 — net $2,486.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29.9.23	$4,185.71	Rent arrears to 29.9.23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,486.15
Total payable by Tenant to Landlord	$2,486.15

Order

The tenancy of Dion Rowan at 193A Omokoroa Road, Omokoroa 3114 is terminated, and possession is granted to Eves Realty Limited as agent for Wei (Max) Han at midnight on Friday 29 September 2023.
The Bond Centre is to pay the bond of $1,720.00 (5856351-005) to Eves Realty Limited as agent for Wei (Max) Han immediately.
Dion Rowan must pay Eves Realty Limited as agent for Wei (Max) Han $2,486.15 immediately, calculated as shown in the table below:

Reasons

Ms Anne Moffatt and Mr Kirk Smith represented the landlord at today’s hearing. The tenant Mr Diona Rowan did not attend the hearing. I am satisfied he was given adequate notice of the hearing so the hearing proceeded in his absence.
The landlord has applied for termination of the tenancy, rent arrears, refund of filing fee, and refund of the bond.

Should the tenancy be terminated for rent arrears?

Rent was at least 21 days in arrears on the date the application was filed. So the tenancy must be terminated. See section 55(1)(a) Residential Tenancies Act 1986 (RTA).
The landlord provided rent records which prove the amount owing at the end of the tenancy as ordered. The tenant has failed to pay rent since early August.
The tenant has been granted bail in respect of some charges relating to the anti social behaviour exhibited as discussed below. Under his bail conditions he is not able to return to live at the tenancy premises. The tenancy is terminated today.

The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant.
In support of their application the landlord provided evidence of: a. The affected neighbour’s signed written statements of the 11.6.23 and
8.23 incidents. b. A copy of note written by the tenant and placed in another neighbour’s letter box. c. An email from Police confirming complaints made by the neighbours regarding the tenant’s behaviour.
The landlord states that the anti-social behaviour is: a. On 11 June 2023 the tenant was at the neighbour’s property threatening them with a baton and verbally abusing them. The teenaged children were at home alone at the time. Police charges followed for threatening to kill/grievous bodily harm and being present in an enclosed yard unlawfully. b. On 12 June 2023 the tenant ‘stirred trouble’ by leaving a note in another neighbour’s letterbox concerning their adult daughter with whom he had previously been ‘friendly’ when she lived behind him. The woman has allegedly shifted to live in Australia for her and her children’s safety from the tenant. Police confirmed that they dealt with a complaint from this woman about the tenant’s behaviour on 4 December 2022, and that she later shifted to live in Autralia. c. On 12 August 2023 the tenant was intimidating the neighbours by throwing rocks on to their roof (not the first time) and walking out on to his deck carrying a beer bottle and white rag that looked like a ‘molotov cocktail’. The Police were called and the tenant was arrested. It is unknown what charges have been laid in respect of this incident. The landlord says the tenant is on bail awaiting a hearing on 11 October 2023 in relation to these events.
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.
I am satisfied that the landlord has established that anti-social behaviour has occurred by the tenant. The three events all amount to behaviour that causes distress or alarm given the nature of the incident and the context in which it occurred. 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.
So the tenancy is also terminated for anti-social behaviour.
Because Eves Realty Limited as agent for Wei (Max) Han has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4665288 — Rent arrears at 193A Omokoroa Road, Omokoroa 3114

At a glance

Tenancy Tribunal case 4665288 — Rent arrears at 193A Omokoroa Road, Omokoroa 3114

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated for rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated for rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

At a glance

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated for rent arrears?

Should the tenancy be terminated for anti-social behaviour?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated for rent arrears?

Should the tenancy be terminated for anti-social behaviour?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions