What was the outcome of Tenancy Tribunal case 4743611?

The tribunal order states: The tenancy of Julie Gates at Unit/Flat 3, 988 High Street, Avalon, Lower Hutt

How much money was awarded in case 4743611?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4743611?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4743611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9751828-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4743611?

The tribunal order states: The tenancy of Julie Gates at Unit/Flat 3, 988 High Street, Avalon, Lower Hutt

How much money was awarded in case 4743611?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4743611?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4743611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9751828-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 988 High Street, Avalon, Lower Hutt 5011 Tenancy Tribunal Case 4743611 — Harassment

Order

The tenancy of Julie Gates at Unit/Flat 3, 988 High Street, Avalon, Lower Hutt 5011 is terminated, and possession is granted to Zlatko Nadj, at 11.59 pm on Monday 8 January 2024.

Reasons

The landlord attended the hearing. The tenant did not attend. She sent a text to the landlord yesterday which said she would not come to the hearing and that she was “not contesting it”.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant. The landlord states that the anti-social behaviour has unnecessarily disturbed the neighbours.
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. See section 55A Residential Tenancies Act (RTA).
I have taken into account the evidence presented by the landlord and the evidence given by one of the neighbours who gave evidence as a witness. I am persuaded that the tenant: • Banged on the adjoining wall between 11pm and 4pm on 31 August 2023 which distressed the neighbour so much that she called the police. • Threw rocks and gravel at another unit in the complex on 29 September 2023. • Shone a torch into that other unit at 11pm at night on 16 November 2023 causing distress to the family and children living there.
As well, the witness and the people in the neighbouring unit have told the landlord about the tenant screaming and shouting during the day and night. I find the landlord has established that anti-social behaviour has occurred on the premises by the tenant.
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. None the less the tenancy started in 2008, and it seems likely to me the tenant will need time to make arrangements and move out. The tenancy ends on Monday 8 January 2024, which is later than I would usually allow, but I have taken the holiday period into account.

Order

The tenancy of Julie Gates at Unit/Flat 3, 988 High Street, Avalon, Lower Hutt 5011 is terminated, and possession is granted to Zlatko Nadj, at 11.59 pm on Monday 8 January 2024.

Reasons

The landlord attended the hearing. The tenant did not attend. She sent a text to the landlord yesterday which said she would not come to the hearing and that she was “not contesting it”.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant. The landlord states that the anti-social behaviour has unnecessarily disturbed the neighbours.
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. See section 55A Residential Tenancies Act (RTA).
I have taken into account the evidence presented by the landlord and the evidence given by one of the neighbours who gave evidence as a witness. I am persuaded that the tenant: • Banged on the adjoining wall between 11pm and 4pm on 31 August 2023 which distressed the neighbour so much that she called the police. • Threw rocks and gravel at another unit in the complex on 29 September 2023. • Shone a torch into that other unit at 11pm at night on 16 November 2023 causing distress to the family and children living there.
As well, the witness and the people in the neighbouring unit have told the landlord about the tenant screaming and shouting during the day and night. I find the landlord has established that anti-social behaviour has occurred on the premises by the tenant.
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. None the less the tenancy started in 2008, and it seems likely to me the tenant will need time to make arrangements and move out. The tenancy ends on Monday 8 January 2024, which is later than I would usually allow, but I have taken the holiday period into account.

Tenancy Tribunal case 4743611 — Harassment at Unit/Flat 3, 988 High Street, Avalon, Lower Hutt 5011

At a glance

Tenancy Tribunal case 4743611 — Harassment at Unit/Flat 3, 988 High Street, Avalon, Lower Hutt 5011

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions