What was the outcome of Tenancy Tribunal case 4775877?

The tribunal order states: The tenancy of Richard John Collecutt at Unit/Flat 1104, 38A Liverpool Street,

How much money was awarded in case 4775877?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4775877?

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

Where can I read the official tribunal order for case 4775877?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9854632-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4775877?

The tribunal order states: The tenancy of Richard John Collecutt at Unit/Flat 1104, 38A Liverpool Street,

How much money was awarded in case 4775877?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4775877?

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

Where can I read the official tribunal order for case 4775877?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9854632-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1104, 38A Liverpool Street, Auckland Central, Tenancy Tribunal Case 4775877 — 14-day notice

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Reasons

The hearing was held by teleconference at 3pm today. Only the landlord (represented by the property manager) attended the hearing. The tenant, Mr Collecutt, did not attend.

At the start of the hearing, the tenant was contacted twice on the contact number he provided in his application but on both occasions the call went straight to voicemail. The tenant was contacted a third time at 3.16 pm but again the call went to voicemail. The landlord advised that he had been contacted by the tenant before the hearing indicating that he was having trouble with his phone and that he was going to request an adjournment. No such adjournment request is before the Tribunal and there are no notes on the court file indicating that the tenant had made contact with the Tribunal seeking an adjournment. I am satisfied that the tenant had proper notice of the hearing and given the nature of the matter before the Tribunal, the hearing proceeded in the tenant’s absence.

The landlord has applied for possession of the premises following the termination of the tenancy.

The landlord has issued the tenant with a termination notice pursuant to Section 55AA of the Residential Tenancies Act 1986 (“RTA”) on the basis that: a. the tenant has physically assaulted the landlord’s agent (being the property manager); and b. a charge has been filed by the New Zealand Police in respect of the physical assault.

The landlord claims its property manager was assaulted by the tenant on 16 November 2023. The property manager provided a statement describing the assault as follows: “On November 16, 2023 at 21:32 on Level 11 of Life Apartments. I got a call from a resident of level 11 that Mr. Collecutt is using a fire extinguisher to break his own unit door. I went to level 11 to check on him he was leaning against the lift in his underwear and a blanket wrapped around him. He started cursing me, calling me a cunt, he started abusing my family and asked me to open his unit. I didn't utter a word as I could see he is very aggressive. I opened his unit door and asked him to go in. I saw his unit door had red paint and dents over it. Unit door lock was also bent. I walked away towards the lift and while I was waiting for the lift he came out of his unit again and started abusing me and shouting. I asked him to go back into his unit but then he got locked outside again. I walked to his unit door to open and then while I was opening the unit door he punched me. I asked him to go back inside and then he followed me towards the lift and shoulder pushed me couple of times and was continuously shouting at me "show me what you got". Then he picked up the fire extinguisher and tried to hit me with it which fell on the ground nearly missing my foot. I called police and came back down to level 1 to see his neighbor Nadia who was also on call with 1 1 1 about him because he tried to hit her partner and continuously banged on his door as well. Later on around 23:1 0 he came to level 1 while I was showing police the CCTV footage he started kicking on apartment door and broke level 1 camera so nothing gets recorded. Then he got arrested by police as police witnessed that happening.”

The above statement was affirmed by the landlord’s property manager at the hearing.

The landlord served the tenant with a notice to terminate the tenancy on 27 November 2023, giving the tenant 14 days’ notice as required, with the tenancy terminating on 19 December 2023. However, the tenant remains in possession and refuses to leave. While the tenant has filed an application challenging the landlord’s notice, he has not appeared today to prove his claim. The tenant’s application is therefore dismissed.

I have reviewed the 14 days’ notice served by the landlord. A notice to terminate the tenancy under Section 55AA must: (a) be in the approved form and include the prescribed information; and (b) be accompanied by qualifying evidence [confirming that a charge has been filed]; and (c) advise the tenant of the tenant’s right to make an application to the Tribunal challenging the notice; and (d) be signed by the landlord or the landlord’s agent.

The prescribed form of notice and types of qualifying evidence are both set out in the Residential Tenancies (Termination for Physical Assault by Tenant and Withdrawal Following Family Violence) Regulations 2022.

Having reviewed Section 55AA, the Regulations and evidence I am satisfied that: (a) The notice is in the approved form and includes the prescribed information (including the date and time and details of the assault); (b) The notice is accompanied by qualifying evidence. The landlord attached a statement from Constable Albert Choy of the New Zealand Police confirming a charge against the tenant in respect of the assault on the property manager; (c) The notice advised the tenant of their right to make an application to the Tribunal challenging the notice; and (d) The notice is signed by the landlord’s agent.

The landlord noted that there were other incidents of anti-social behaviour by the tenant before the incident on 16 November 2023 and that further incidents of anti-social behaviour have continued to occur after.

The requirements of Section 55AA of the RTA are satisfied.

The tenancy is terminated. Possession is granted to the landlord immediately.

Reasons

The hearing was held by teleconference at 3pm today. Only the landlord (represented by the property manager) attended the hearing. The tenant, Mr Collecutt, did not attend.

The landlord has applied for possession of the premises following the termination of the tenancy.

The above statement was affirmed by the landlord’s property manager at the hearing.

The requirements of Section 55AA of the RTA are satisfied.

The tenancy is terminated. Possession is granted to the landlord immediately.

Tenancy Tribunal case 4775877 — 14-day notice at Unit/Flat 1104, 38A Liverpool Street, Auckland Central,

At a glance

Tenancy Tribunal case 4775877 — 14-day notice at Unit/Flat 1104, 38A Liverpool Street, Auckland Central,

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