What was the outcome of Tenancy Tribunal case 4750949?

The tribunal order states: The tenancy of Daniella Fais at Unit/Flat 9, 175 Chapel Road, Flat Bush,

How much money was awarded in case 4750949?

Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4750949?

The dispute type was not classified.

Where can I read the official tribunal order for case 4750949?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9794784-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4750949?

The tribunal order states: The tenancy of Daniella Fais at Unit/Flat 9, 175 Chapel Road, Flat Bush,

How much money was awarded in case 4750949?

Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4750949?

The dispute type was not classified.

Where can I read the official tribunal order for case 4750949?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9794784-Tenancy_Tribunal_Order.pdf.

Unit/Flat 9, 175 Chapel Road, Flat Bush, Auckland 2016 Tenancy Tribunal Case 4750949 — Tenancy dispute

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Reasons

Claims and awards in Tenancy Tribunal application 4750949 — 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

The Landlord attended the hearing. The Tenant did not appear. At the start of the hearing, the Tenant spoke with the Landlord over the phone and the Landlord submitted the Tenant was not attending the hearing.

The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant or someone on the premises with the tenant’s permission.

The landlord states that the anti-social behaviour was having a loud party overnight and into the early hours of the morning, harassing and verbally abusing police at the property, causing distress and disruption to neighbours for several hours due to the Tenant’s partner resisting Police arrest at the property and Police having to apply forceful measures.

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 have determined that the landlord has established that anti-social behaviour has occurred on the premises by the tenant or a person on the tenancy with the tenant’s permission. 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.

As The Salvation Army New Zealand Trust has wholly succeeded with the claim, the Tenant must reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 4750949 — 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

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 cannot consider the impact on the tenant, in making an order for termination of the tenancy.

As The Salvation Army New Zealand Trust has wholly succeeded with the claim, the Tenant must reimburse the filing fee.

Tenancy Tribunal case 4750949 — Tenancy dispute at Unit/Flat 9, 175 Chapel Road, Flat Bush, Auckland 2016

At a glance

Tenancy Tribunal case 4750949 — Tenancy dispute at Unit/Flat 9, 175 Chapel Road, Flat Bush, Auckland 2016

At a glance

Award balance

Claims & awards

Order

Reasons

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Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions