What was the outcome of Tenancy Tribunal case 4749109?

The tribunal order states: The tenancy of Aneta Moewai Baker at Unit/Flat 3, 2B Home Street, Grey Lynn,

How much money was awarded in case 4749109?

Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4749109?

The dispute type was not classified.

Where can I read the official tribunal order for case 4749109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9741667-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4749109?

The tribunal order states: The tenancy of Aneta Moewai Baker at Unit/Flat 3, 2B Home Street, Grey Lynn,

How much money was awarded in case 4749109?

Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4749109?

The dispute type was not classified.

Where can I read the official tribunal order for case 4749109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9741667-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 2B Home Street, Grey Lynn, Auckland 1021 Tenancy Tribunal Case 4749109 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4749109 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Total payable by Tenant to Landlord	$20.44

Order

The tenancy of Aneta Moewai Baker at Unit/Flat 3, 2B Home Street, Grey Lynn, Auckland 1021 is terminated, and possession is granted to Central West Property Management Limited As Agent For Valencia Nominees Limited, at 11:59pm on Monday 11 December 2023.
Aneta Moewai Baker must pay Central West Property Management Limited As Agent For Valencia Nominees Limited $20.44 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant did not.
I made several attempts to phone the tenant on the mobile number she provided as an address for service on the tenancy agreement. The landlord had also been to see the tenant in relation to rent arrears on 1 December 2023 and reminded the daughter about the application to the Tribunal. The daughter confirmed the tenants phone had just been disconnected due to the bill not being paid and that the power to the premises had also been cut off for the same reason.
The landlord confirmed the address for service email provided by the tenant in the tenancy agreement was still current and that he sent all communications to that email address as well as putting all the notices in her letter box and sticking them to her door.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations under the tenancy agreement and under s56(1)(a) and (b) of the Residential Tenancies Act 1986 (RTA).
The premises are four units that have been created out of one large house lawfully with each unit being separated by fire walls and each having their own separate entrances.
The tenancy began on 6 February 2023. All three neighbours have made regular complaints to the landlord and the police since March 2023. There are numerous police complaints made by the neighbours, several of which continue to be the subject of ongoing investigations and one that has resulted in the police laying charges.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) RTA.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations by: a. Having more than the maximum of two persons living in the premises, when it is a one-bedroom unit and the tenancy agreement states that no more than two persons may reside there; b. Constantly urinating on the neighbour’s garden and on the neighbours front doorsteps; c. Exposing genitals to one specific neighbour’s security camera while urinating on that neighbour’s front doorstep and yelling “come out here and suck my dick”; d. Constantly engaging in threatening and intimidating behaviour towards neighbours; e. Stealing neighbour’s mail from the letter box and stealing courier delivered items left at their front doors. f. Having constant loud domestic disputes which results in the Police being called; g. Frequently playing loud music from midnight to 4am; h. Continuously disturbing the neighbours peace and quiet enjoyment of their property with loud music, excessive banging on the walls and excessive banging on the neighbours front doors ; i. Having loud parties with persons that engage in anti-social conduct including
The landlord served 14-day notices on the tenant on: a. 26 April 2023 for antisocial behaviour such as constant harassment of the neighbours, that has caused them alarm and significant distress and loud parties late at night and early in the morning and a guest openly urinating on another neighbours property and front lawn on 2 May 2023; b. 3 May 2023 for antisocial behaviour such as constant harassment of the neighbours, that has caused them alarm and significant distress and loud parties late at night and early in the morning on 24 and 25 April 2023 and other ongoing and disruptive behaviours ; c. 19 June 2023 for antisocial behaviour such as guests openly urinating on the front lawn and trying to intimidate the neighbour by pulling gang signs with their hands in front of the neighbours window; d. 13 September 2023 for continuously disturbing the neighbours quiet peace and enjoyment and urinating on the neighbours garden; e. 15 September 2023 continuously disturbing the neighbours quiet peace and enjoyment with loud music late at night, abusing the neighbours with intimidating behaviour and excessive banging on neighbours front door; f. 9 November 2023 for urinating on the neighbours garden; g. 20 November 2023 for urinating in the neighbours garden on 16 November 2023; h. 20 November 2023 for urinating in the neighbours garden on 17 November 2023; and i. 23 November 2023 for continuously disturbing the neighbours quiet peace and enjoyment with loud music and excessive banging on walls.
The tenant did not remedy any of the aforementioned breaches within the required periods and allowed her daughter, daughter’s friends and her partner to continue to engage in the behaviour complained of for in excess of 8 months.
The landlord also provided police complaints from neighbours about: a. The tenants guest crawling through the roof space from unit 3, across unit 2 and making an attempt to get into the roof of unit 1; b. Stealing items from the front doorstep that were delivered by courier, including some black floating shelving purchased from Bunnings by a neighbour among other things; c. Stealing mail from the letterbox; d. Urinating on their front doorsteps while waving their penises around and telling the neighbour to suck their dicks, which was captured on video surveillance; e. The tenant and her associates accosting a neighbour on a bus and engaging in threatening and intimidating verbal abuse of the neighbour; f. Tagging the garage door and carport areas of the premises; g. Scattering rubbish all over the paths on a daily basis; h. Dealing drugs in the open on the front doorstep in full view of the neighbours; i. Domestic arguments escalating into domestic violence that was visible to the neighbours as well as audible; and j. Smoking illicit drugs out the front of the neighbours houses.
It would be inequitable to refuse to terminate the tenancy because all three neighbours have provided written statements that explain why they are lacking sleep, scared to be at home alone; scared to go out at night, scared to go to empty the letterbox, cannot make online purchases and have them delivered to their homes, continually clean urine from their front doorsteps, have numerous genitals exposed to them through their security cameras and security videos on an ongoing basis over the period the tenant has resided at the premises and witnessed the daughter having been severely beaten after a very loud party last night that had the walls of all four units reverberating from midnight to the early hours of the morning. One tenant confirmed via a text message the police were still present at the premises at the time the landlord appeared at the hearing and were arresting someone. The neighbours are considering leaving their homes as it has become untenable for them to continue to live with the tenant and her guests. Filing fee
Because Central West Property Management Limited As Agent For Valencia Nominees Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4749109 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Total payable by Tenant to Landlord	$20.44

Order

The tenancy of Aneta Moewai Baker at Unit/Flat 3, 2B Home Street, Grey Lynn, Auckland 1021 is terminated, and possession is granted to Central West Property Management Limited As Agent For Valencia Nominees Limited, at 11:59pm on Monday 11 December 2023.
Aneta Moewai Baker must pay Central West Property Management Limited As Agent For Valencia Nominees Limited $20.44 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant did not.
I made several attempts to phone the tenant on the mobile number she provided as an address for service on the tenancy agreement. The landlord had also been to see the tenant in relation to rent arrears on 1 December 2023 and reminded the daughter about the application to the Tribunal. The daughter confirmed the tenants phone had just been disconnected due to the bill not being paid and that the power to the premises had also been cut off for the same reason.
The landlord confirmed the address for service email provided by the tenant in the tenancy agreement was still current and that he sent all communications to that email address as well as putting all the notices in her letter box and sticking them to her door.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations under the tenancy agreement and under s56(1)(a) and (b) of the Residential Tenancies Act 1986 (RTA).
The premises are four units that have been created out of one large house lawfully with each unit being separated by fire walls and each having their own separate entrances.
The tenancy began on 6 February 2023. All three neighbours have made regular complaints to the landlord and the police since March 2023. There are numerous police complaints made by the neighbours, several of which continue to be the subject of ongoing investigations and one that has resulted in the police laying charges.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) RTA.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations by: a. Having more than the maximum of two persons living in the premises, when it is a one-bedroom unit and the tenancy agreement states that no more than two persons may reside there; b. Constantly urinating on the neighbour’s garden and on the neighbours front doorsteps; c. Exposing genitals to one specific neighbour’s security camera while urinating on that neighbour’s front doorstep and yelling “come out here and suck my dick”; d. Constantly engaging in threatening and intimidating behaviour towards neighbours; e. Stealing neighbour’s mail from the letter box and stealing courier delivered items left at their front doors. f. Having constant loud domestic disputes which results in the Police being called; g. Frequently playing loud music from midnight to 4am; h. Continuously disturbing the neighbours peace and quiet enjoyment of their property with loud music, excessive banging on the walls and excessive banging on the neighbours front doors ; i. Having loud parties with persons that engage in anti-social conduct including
The landlord served 14-day notices on the tenant on: a. 26 April 2023 for antisocial behaviour such as constant harassment of the neighbours, that has caused them alarm and significant distress and loud parties late at night and early in the morning and a guest openly urinating on another neighbours property and front lawn on 2 May 2023; b. 3 May 2023 for antisocial behaviour such as constant harassment of the neighbours, that has caused them alarm and significant distress and loud parties late at night and early in the morning on 24 and 25 April 2023 and other ongoing and disruptive behaviours ; c. 19 June 2023 for antisocial behaviour such as guests openly urinating on the front lawn and trying to intimidate the neighbour by pulling gang signs with their hands in front of the neighbours window; d. 13 September 2023 for continuously disturbing the neighbours quiet peace and enjoyment and urinating on the neighbours garden; e. 15 September 2023 continuously disturbing the neighbours quiet peace and enjoyment with loud music late at night, abusing the neighbours with intimidating behaviour and excessive banging on neighbours front door; f. 9 November 2023 for urinating on the neighbours garden; g. 20 November 2023 for urinating in the neighbours garden on 16 November 2023; h. 20 November 2023 for urinating in the neighbours garden on 17 November 2023; and i. 23 November 2023 for continuously disturbing the neighbours quiet peace and enjoyment with loud music and excessive banging on walls.
The tenant did not remedy any of the aforementioned breaches within the required periods and allowed her daughter, daughter’s friends and her partner to continue to engage in the behaviour complained of for in excess of 8 months.
The landlord also provided police complaints from neighbours about: a. The tenants guest crawling through the roof space from unit 3, across unit 2 and making an attempt to get into the roof of unit 1; b. Stealing items from the front doorstep that were delivered by courier, including some black floating shelving purchased from Bunnings by a neighbour among other things; c. Stealing mail from the letterbox; d. Urinating on their front doorsteps while waving their penises around and telling the neighbour to suck their dicks, which was captured on video surveillance; e. The tenant and her associates accosting a neighbour on a bus and engaging in threatening and intimidating verbal abuse of the neighbour; f. Tagging the garage door and carport areas of the premises; g. Scattering rubbish all over the paths on a daily basis; h. Dealing drugs in the open on the front doorstep in full view of the neighbours; i. Domestic arguments escalating into domestic violence that was visible to the neighbours as well as audible; and j. Smoking illicit drugs out the front of the neighbours houses.
It would be inequitable to refuse to terminate the tenancy because all three neighbours have provided written statements that explain why they are lacking sleep, scared to be at home alone; scared to go out at night, scared to go to empty the letterbox, cannot make online purchases and have them delivered to their homes, continually clean urine from their front doorsteps, have numerous genitals exposed to them through their security cameras and security videos on an ongoing basis over the period the tenant has resided at the premises and witnessed the daughter having been severely beaten after a very loud party last night that had the walls of all four units reverberating from midnight to the early hours of the morning. One tenant confirmed via a text message the police were still present at the premises at the time the landlord appeared at the hearing and were arresting someone. The neighbours are considering leaving their homes as it has become untenable for them to continue to live with the tenant and her guests. Filing fee
Because Central West Property Management Limited As Agent For Valencia Nominees Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4749109 — Tenancy dispute at Unit/Flat 3, 2B Home Street, Grey Lynn, Auckland 1021

At a glance

Tenancy Tribunal case 4749109 — Tenancy dispute at Unit/Flat 3, 2B Home Street, Grey Lynn, Auckland 1021

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions