What was the outcome of Tenancy Tribunal case 4704649?

The tribunal order states: The tenancy of Julie Goddard at Flat G03, Camden Apartments, 75 4th Avenue,

How much money was awarded in case 4704649?

Pm On Wednesday 25 October 2023. 2.…: $20.44 awarded to landlord

What type of tenancy dispute was case 4704649?

The primary dispute was Smoke alarms. Related themes: Harassment.

Where can I read the official tribunal order for case 4704649?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9542306-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4704649?

The tribunal order states: The tenancy of Julie Goddard at Flat G03, Camden Apartments, 75 4th Avenue,

How much money was awarded in case 4704649?

Pm On Wednesday 25 October 2023. 2.…: $20.44 awarded to landlord

What type of tenancy dispute was case 4704649?

The primary dispute was Smoke alarms. Related themes: Harassment.

Where can I read the official tribunal order for case 4704649?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9542306-Tenancy_Tribunal_Order.pdf.

Flat G03, Camden Apartments, 75 4th Avenue, Tauranga Tenancy Tribunal Case 4704649 — Smoke alarms

Claims and awards in Tenancy Tribunal application 4704649. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
pm on Wednesday 25 October 2023. 2. Julie Goddard is to pay beHome Realty Limited and Beaumont Investment Trust the fili	$20.44		pm on Wednesday 25 October 2023. 2. Julie Goddard is to pay beHome Realty Limited and Beaumont Investment Trust the fili

Order

The tenancy of Julie Goddard at Flat G03, Camden Apartments, 75 4th Avenue, Tauranga 3110, is terminated, and possession is granted to beHome Realty Limited and Beaumont Investment Trust, at 11:59pm on Wednesday 25 October 2023.
Julie Goddard is to pay beHome Realty Limited and Beaumont Investment Trust the filing fee of $20.44 immediately.

Reasons

The landlord attended the hearing; the tenant did not attend.
The landlord has applied to the Tribunal for an order terminating the tenant’s periodic tenancy on the grounds of anti-social behaviour by the tenant or by someone on the premises with the tenant’s permission. Law
Section 55A Residential Tenancies Act 1986 provides that, subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied that: a. on three separate occasions within a 90-day period the tenant, or a person in the premises with the tenant’s permission, has engaged in anti-social behaviour in connection with the tenancy; and b. on each occasion the landlord gave the tenant written notice— i. clearly describing the behaviour and who caused it (if known) ii. advising the date, approximate time, and location; and iii. stating how many other notices (if any) the landlord has given; and iv. advising the tenant of their right to apply to the Tribunal challenging the notice, and c. the landlord’s application to the Tribunal is made within 28 days after the landlord gave the third notice.
Antisocial behaviour includes harassment or any act (whether intentional or not) that reasonably causes alarm, distress or nuisance that is more than minor. Facts
The tenancy started on 7 February 2023. The premises are on the ground floor of a three-storey apartment building which contains 55 apartments. One of the ground floor apartments is occupied by a resident manager.
There were early incidents of anti-social behaviour that resulted in two notices under s 55A being served on the tenant February and March. Both incidents involved the tenant being intoxicated. On one occasion in March, the manager found the tenant intoxicated and unconscious in her car in the basement carpark with the engine still running.
In June, an incident occurred where the smoke alarm went off in the tenant’s apartment, and the tenant was found unconscious on her bed with the apartment full of smoke.
In August or September, the tenant took on a flatmate in breach of the tenancy agreement (which specified a maximum occupancy of one). Several of the subsequent anti-social event involved the flatmate.
The first incident occurred between approximately 10:50pm on 28 September and 2:00am on 29 September. The tenant was seen by other residents to be severely intoxicated and incoherent, stumbling around the common areas, falling down the stairs, and smoking throughout common areas (in breach of the tenancy agreement).
The second incident occurred on 2 October, between approximately 3:00pm and 8:45pm. The tenant and her flatmate were arguing loudly, slamming doors, and creating a disturbance for other residents. The flatmate locked the tenant out of the apartment, and she then knocked on other residents’ doors, behaving in an intoxicated and incoherent manner. The Police attended and the manager took the flatmate offsite.
The third incident occurred the following day on 3 October, between approximately 10:00am and 4:00pm. The flatmate returned, and residents heard her yelling and swearing at the tenant. Cups and plates were thrown, which were smashed in the common area. Other residents separated the tenant and her flatmate until the Police arrived. The flatmate was seen to kick the bathroom door open in the apartment.
Two further incidents, resulting in a fourth notice, occurred on 5 October. The first incident was at about 1:00am. The tenant was seen wandering around the building grossly intoxicated. On approximately 7 occasions other residents took her back to her apartment. She was later found asleep on the basement stairwell, having wet herself. The second incident occurred between midday and 3:00pm. The tenant and her flatmate were heard arguing and were approaching other residents for money. The tenant was then found intoxicated and asleep on the floor of the main entrance.
The landlord filed the termination application on 5 October. Several days later, the tenant was found in an adjacent alleyway intoxicated and unconscious.
It is clear that the tenant and her flatmate have engaged in anti-social behaviour. The events described have caused distress and nuisance to other residents (including the resident manager) that is more than minor. The manager says a number of residents, particularly on the ground floor and first floor, are worried about the tenant’s behaviour. The two residents on either side have said they want to leave because the environment is unsuitable for their children.
It would not be unfair to terminate the tenancy. The landlord has acted with a great deal of forbearance and the manager has tried her utmost to help the tenant. Unfortunately, events have reached the point where it would be unfair on the other residents for the tenancy to continue. The outcome is unfortunate for the tenant; however, I cannot take into account any effect that termination would have on her.
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee. J P Smith 18 October 2023

Claims and awards in Tenancy Tribunal application 4704649. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
pm on Wednesday 25 October 2023. 2. Julie Goddard is to pay beHome Realty Limited and Beaumont Investment Trust the fili	$20.44		pm on Wednesday 25 October 2023. 2. Julie Goddard is to pay beHome Realty Limited and Beaumont Investment Trust the fili

Order

The tenancy of Julie Goddard at Flat G03, Camden Apartments, 75 4th Avenue, Tauranga 3110, is terminated, and possession is granted to beHome Realty Limited and Beaumont Investment Trust, at 11:59pm on Wednesday 25 October 2023.
Julie Goddard is to pay beHome Realty Limited and Beaumont Investment Trust the filing fee of $20.44 immediately.

Reasons

The landlord attended the hearing; the tenant did not attend.
The landlord has applied to the Tribunal for an order terminating the tenant’s periodic tenancy on the grounds of anti-social behaviour by the tenant or by someone on the premises with the tenant’s permission. Law
Section 55A Residential Tenancies Act 1986 provides that, subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied that: a. on three separate occasions within a 90-day period the tenant, or a person in the premises with the tenant’s permission, has engaged in anti-social behaviour in connection with the tenancy; and b. on each occasion the landlord gave the tenant written notice— i. clearly describing the behaviour and who caused it (if known) ii. advising the date, approximate time, and location; and iii. stating how many other notices (if any) the landlord has given; and iv. advising the tenant of their right to apply to the Tribunal challenging the notice, and c. the landlord’s application to the Tribunal is made within 28 days after the landlord gave the third notice.
Antisocial behaviour includes harassment or any act (whether intentional or not) that reasonably causes alarm, distress or nuisance that is more than minor. Facts
The tenancy started on 7 February 2023. The premises are on the ground floor of a three-storey apartment building which contains 55 apartments. One of the ground floor apartments is occupied by a resident manager.
There were early incidents of anti-social behaviour that resulted in two notices under s 55A being served on the tenant February and March. Both incidents involved the tenant being intoxicated. On one occasion in March, the manager found the tenant intoxicated and unconscious in her car in the basement carpark with the engine still running.
In June, an incident occurred where the smoke alarm went off in the tenant’s apartment, and the tenant was found unconscious on her bed with the apartment full of smoke.
In August or September, the tenant took on a flatmate in breach of the tenancy agreement (which specified a maximum occupancy of one). Several of the subsequent anti-social event involved the flatmate.
The first incident occurred between approximately 10:50pm on 28 September and 2:00am on 29 September. The tenant was seen by other residents to be severely intoxicated and incoherent, stumbling around the common areas, falling down the stairs, and smoking throughout common areas (in breach of the tenancy agreement).
The second incident occurred on 2 October, between approximately 3:00pm and 8:45pm. The tenant and her flatmate were arguing loudly, slamming doors, and creating a disturbance for other residents. The flatmate locked the tenant out of the apartment, and she then knocked on other residents’ doors, behaving in an intoxicated and incoherent manner. The Police attended and the manager took the flatmate offsite.
The third incident occurred the following day on 3 October, between approximately 10:00am and 4:00pm. The flatmate returned, and residents heard her yelling and swearing at the tenant. Cups and plates were thrown, which were smashed in the common area. Other residents separated the tenant and her flatmate until the Police arrived. The flatmate was seen to kick the bathroom door open in the apartment.
Two further incidents, resulting in a fourth notice, occurred on 5 October. The first incident was at about 1:00am. The tenant was seen wandering around the building grossly intoxicated. On approximately 7 occasions other residents took her back to her apartment. She was later found asleep on the basement stairwell, having wet herself. The second incident occurred between midday and 3:00pm. The tenant and her flatmate were heard arguing and were approaching other residents for money. The tenant was then found intoxicated and asleep on the floor of the main entrance.
The landlord filed the termination application on 5 October. Several days later, the tenant was found in an adjacent alleyway intoxicated and unconscious.
It is clear that the tenant and her flatmate have engaged in anti-social behaviour. The events described have caused distress and nuisance to other residents (including the resident manager) that is more than minor. The manager says a number of residents, particularly on the ground floor and first floor, are worried about the tenant’s behaviour. The two residents on either side have said they want to leave because the environment is unsuitable for their children.
It would not be unfair to terminate the tenancy. The landlord has acted with a great deal of forbearance and the manager has tried her utmost to help the tenant. Unfortunately, events have reached the point where it would be unfair on the other residents for the tenancy to continue. The outcome is unfortunate for the tenant; however, I cannot take into account any effect that termination would have on her.
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee. J P Smith 18 October 2023

Tenancy Tribunal case 4704649 — Smoke alarms at Flat G03, Camden Apartments, 75 4th Avenue, Tauranga

At a glance

Tenancy Tribunal case 4704649 — Smoke alarms at Flat G03, Camden Apartments, 75 4th Avenue, Tauranga

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