What was the outcome of Tenancy Tribunal case 4739249?

The tribunal order states: The tenancy of Kaeleb Aniwaniwa at Unit/Flat 4, 10 Martindales Road,

How much money was awarded in case 4739249?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4739249?

The primary dispute was 14-day notice. Related themes: Harassment.

Where can I read the official tribunal order for case 4739249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9729109-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4739249?

The tribunal order states: The tenancy of Kaeleb Aniwaniwa at Unit/Flat 4, 10 Martindales Road,

How much money was awarded in case 4739249?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4739249?

The primary dispute was 14-day notice. Related themes: Harassment.

Where can I read the official tribunal order for case 4739249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9729109-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 10 Martindales Road, Heathcote Valley, Tenancy Tribunal Case 4739249 — 14-day notice

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Order

The tenancy of Kaeleb Aniwaniwa at Unit/Flat 4, 10 Martindales Road, Heathcote Valley, Christchurch 8022 is terminated, and possession is granted to Otautahi Community Housing Trust, at 4pm On Monday, 11 December 2023.

Kaeleb Aniwaniwa must pay Otautahi Community Housing Trust $20.44 immediately, being the Tribunal application fee.

Reasons

Both parties attended the hearing. Mr Aniwaniwa chose to leave before the hearing had finished.

The landlord has applied for termination of the tenancy.

Section 55(1)(c) Residential Tenancies Act 1986 provides that the Tribunal shall make an order terminating the tenancy, If it satisfied that the tenant has assault or threatened assault on the landlord, or any other person listed in that section.

The landlord claims that Mr Aniwaniwa threatened to kill or assault its contractor agents when they attended site on 6 November 2023 to upgrade water services to the complex.

The landlord provided two written statements and I heard from 2 witnesses in person. Only one of the witnesses in person had seen and heard the alleged threat.

The written statements set out the alleged threats and behaviour of the tenant in detail, but I did not have the benefit of observing or questioning those witnesses. As such, I place limited weight on the written evidence. A representative of the landlord read the statements before the in-person witnesses were brought into the hearing room.

The most compelling evidence was from a drainlayer who observed Mr Aniwaniwa on 6 November 2023. The witness was clear and consistent in his recollection of what was said and done. He gave evidence that Mr Aniwaniwa threatened to escalate the situation and threatened violence towards contractors on site. He perceived the threat of violence to be real and imminent.

After calling police and police attending the site, the contractors left and have refused to return.

Mr Aniwaniwa denies any threatening behaviour or threats of violence or assault. Mr Aniwaniwa was argumentative and disruptive during the hearing and chose to leave before the hearing ended or before he had an opportunity to properly respond to the claims.

He advised the Tribunal that he wanted to hand in his notice to end the tenancy if the landlord would allow him two weeks to move. The landlord declined that offer, preferring an earlier termination date for the safety of other tenants and its staff.

The landlord has established that it is more likely than not that the tenant threatened violence or a physical assault on its agents on 6 November 2023, and that the risk of assault was real.

The tenancy is terminated on Monday, 11 December 2023 at 4pm.

As the landlord was the successful party, I must award reimbursement of the Tribunal application fee.

Order

Kaeleb Aniwaniwa must pay Otautahi Community Housing Trust $20.44 immediately, being the Tribunal application fee.

Reasons

Both parties attended the hearing. Mr Aniwaniwa chose to leave before the hearing had finished.

The landlord has applied for termination of the tenancy.

The landlord claims that Mr Aniwaniwa threatened to kill or assault its contractor agents when they attended site on 6 November 2023 to upgrade water services to the complex.

The landlord provided two written statements and I heard from 2 witnesses in person. Only one of the witnesses in person had seen and heard the alleged threat.

After calling police and police attending the site, the contractors left and have refused to return.

The landlord has established that it is more likely than not that the tenant threatened violence or a physical assault on its agents on 6 November 2023, and that the risk of assault was real.

The tenancy is terminated on Monday, 11 December 2023 at 4pm.

As the landlord was the successful party, I must award reimbursement of the Tribunal application fee.

Tenancy Tribunal case 4739249 — 14-day notice at Unit/Flat 4, 10 Martindales Road, Heathcote Valley,

At a glance

Tenancy Tribunal case 4739249 — 14-day notice at Unit/Flat 4, 10 Martindales Road, Heathcote Valley,

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