What was the outcome of Tenancy Tribunal case 4758739?

The tribunal order states: The tenancy of Ashley Harrington at Unit 7, 40 Maunganui Road, Mount

How much money was awarded in case 4758739?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,352.86 awarded to landlord

What type of tenancy dispute was case 4758739?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4758739?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9790116-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4758739?

The tribunal order states: The tenancy of Ashley Harrington at Unit 7, 40 Maunganui Road, Mount

How much money was awarded in case 4758739?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,352.86 awarded to landlord

What type of tenancy dispute was case 4758739?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4758739?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9790116-Tenancy_Tribunal_Order.pdf.

Unit 7, 40 Maunganui Road, Mount Maunganui 3116, Tenancy Tribunal Case 4758739 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4758739 — net $33.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 December 2023	$2,352.86	Rent arrears to 21 December 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$33.30
Total payable by Tenant to Landlord	$33.30

The tenancy of Ashley Harrington at Unit 7, 40 Maunganui Road, Mount Maunganui 3116, Avenida Apartments is terminated, and possession is granted to Francis Sydenham and Linda DeBruyn as Trustees of the Sydenham No 2 Trust, at 10am on Thursday 21 December 2021.

The Bond Centre is to pay the bond of $2,340.00 (5905556-008) to Francis Sydenham and Linda DeBruyn as Trustees of the Sydenham No 2 Trust immediately.

Ashley Harrington must pay Francis Sydenham and Linda DeBruyn as Trustees of the Sydenham No 2 Trust $33.30 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $2,340.00 (5905556-008) to Francis Sydenham and Linda DeBruyn as Trustees of the Sydenham No 2 Trust immediately.

Reasons

The hearing was conducted by telephone. The landlords attended. The tenant did not attend. The Tribunal called her twice on her mobile phone number at the time of the hearing and both calls went straight to voice mail.

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 has been between the tenant and her partner shouting, threatening, fighting and abusing 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 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 Residential Tenancies Act 1986 (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 considered the evidence presented by the landlords and 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 Act, 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.

The landlords produced a rent statement proving the rent arrears as awarded and so I have ordered the bond to be paid to the landlords.

The landlords have succeeded and so I have awarded them the filing fee.

Claims and awards in Tenancy Tribunal application 4758739 — net $33.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 December 2023	$2,352.86	Rent arrears to 21 December 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$33.30
Total payable by Tenant to Landlord	$33.30

Order

The tenancy of Ashley Harrington at Unit 7, 40 Maunganui Road, Mount Maunganui 3116, Avenida Apartments is terminated, and possession is granted to Francis Sydenham and Linda DeBruyn as Trustees of the Sydenham No 2 Trust, at 10am on Thursday 21 December 2021.
The Bond Centre is to pay the bond of $2,340.00 (5905556-008) to Francis Sydenham and Linda DeBruyn as Trustees of the Sydenham No 2 Trust immediately.
Ashley Harrington must pay Francis Sydenham and Linda DeBruyn as Trustees of the Sydenham No 2 Trust $33.30 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,340.00 (5905556-008) to Francis Sydenham and Linda DeBruyn as Trustees of the Sydenham No 2 Trust immediately.

Reasons

The hearing was conducted by telephone. The landlords attended. The tenant did not attend. The Tribunal called her twice on her mobile phone number at the time of the hearing and both calls went straight to voice mail.
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 has been between the tenant and her partner shouting, threatening, fighting and abusing 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 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 Residential Tenancies Act 1986 (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 considered the evidence presented by the landlords and 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 Act, 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.
The landlords produced a rent statement proving the rent arrears as awarded and so I have ordered the bond to be paid to the landlords.
The landlords have succeeded and so I have awarded them the filing fee.

Tenancy Tribunal case 4758739 — Rent arrears at Unit 7, 40 Maunganui Road, Mount Maunganui 3116,

At a glance

Tenancy Tribunal case 4758739 — Rent arrears at Unit 7, 40 Maunganui Road, Mount Maunganui 3116,

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions