What was the outcome of Tenancy Tribunal case 4803119?

The tribunal order states: The tenancy of Baylee Dacombe-Terry at Unit 7, 118 Otaika Road, Raumanga,

How much money was awarded in case 4803119?

Erty Management Limited, At 12.00 No…: $20.44 awarded to landlord

What type of tenancy dispute was case 4803119?

The primary dispute was Rent arrears. Related themes: Harassment.

Where can I read the official tribunal order for case 4803119?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10348502-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4803119?

The tribunal order states: The tenancy of Baylee Dacombe-Terry at Unit 7, 118 Otaika Road, Raumanga,

How much money was awarded in case 4803119?

Erty Management Limited, At 12.00 No…: $20.44 awarded to landlord

What type of tenancy dispute was case 4803119?

The primary dispute was Rent arrears. Related themes: Harassment.

Where can I read the official tribunal order for case 4803119?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10348502-Tribunal_Order.pdf.

Unit 7, 118 Otaika Road, Raumanga, Whangarei 0110 Tenancy Tribunal Case 4803119 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4803119. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
erty Management Limited, at 12.00 noon on Monday 20 May 2024. 2. Baylee Dacombe-Terry is to pay Contact Property Managem	$20.44		erty Management Limited, at 12.00 noon on Monday 20 May 2024. 2. Baylee Dacombe-Terry is to pay Contact Property Managem

The tenancy of Baylee Dacombe-Terry at Unit 7, 118 Otaika Road, Raumanga, Whangarei 0110 is terminated, and possession is granted to Contact Property Management Limited, at 12.00 noon on Monday 20 May 2024.

Baylee Dacombe-Terry is to pay Contact Property Management Ltd $20.44 immediately, being the filing fee for this application.

Reasons

The adjournment order dated 15 March 2024 sets out the background to this application.

The second hearing took place on 10 May 2024. Both parties attended the hearing.

On 14 April the landlord filed a second application, seeking termination of the tenancy for rent arrears. That application was also heard on 10 May.

I have made an order terminating the tenancy for rent arrears 1 . 1 Contact Property Management Ltd v Dacombe-Terry [2024] NZTT 4860784

In terms of this application, Mr O’Connor provided further evidence at the 10 May hearing: a. Additional notices of anti-social behaviour issued on 16 April 2024 and 7 May 2024. b. A copy of the NZ Police report regarding the incident on 9 February 2024. c. Three statements signed by one of the tenant’s neighbours, detailing concerns about loud arguments and swearing from unit 7.

Four of the five anti-social behaviour notices issued by Mr O’Connor meet the formal requirements of the Residential Tenancies Act 1986.

Ms Dacombe-Terry denied the incidents that are alleged in the various notices.

The standard of proof that applies in the Tenancy Tribunal is “more likely than not”.

I am satisfied that the evidence provided by Mr O’Connor proves, to the standard of “more likely than not”, that there have been multiple incidences of loud arguments / yelling / swearing at Ms Dacombe-Terry’s unit during her brief tenancy. Those incidents almost certainly involve Ms Dacombe-Terry and Mr Bardsley, her caregiver.

The fact that Mr O’Connor received multiple complaints, from several different neighbours, all alleging the same type of disturbance shows that this is not an instance of false or exaggerated complaints by an overly-sensitive or vindictive neighbour.

Anti-social behaviour means: a. Harassment; or b. Any other act or omission (whether intentional or not) if the act or omission reasonably causes alarm, distress, or nuisance that is more than minor.

Persons living in close proximity (such as in a block of units) must accept some interference with their peace and privacy from their neighbours.

However, the types of disturbance detailed in the complaints made by Ms Dacombe-Terry’s neighbours goes significantly beyond this. The fact that this is a well established pattern of behaviour by Ms Dacome-Terry and Mr Bardsley is supported by a comment in the Police report that the 9 February incident was “Another incident between a well known pair”.

I am satisfied that: a. On at least three occasions during a 90-day period the tenant, and / or a person in the premises with the tenant’s consent, engaged in anti-social behaviour in connection with the tenancy; and b. On each occasion the landlord gave the tenant notice of the anti-social behaviour; and c. There are no circumstances that would make it unfair for the Tribunal to terminate the tenancy.

Therefore, the tenancy is terminated 2 .

Because I made an order for termination due to anti-social behaviour, it is not necessary to address the alternative grounds for termination in the landlord’s application.

The landlord has been successful in this application, and I must award the landlord the filing fee of $20.44.

Claims and awards in Tenancy Tribunal application 4803119. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
erty Management Limited, at 12.00 noon on Monday 20 May 2024. 2. Baylee Dacombe-Terry is to pay Contact Property Managem	$20.44		erty Management Limited, at 12.00 noon on Monday 20 May 2024. 2. Baylee Dacombe-Terry is to pay Contact Property Managem

Order

The tenancy of Baylee Dacombe-Terry at Unit 7, 118 Otaika Road, Raumanga, Whangarei 0110 is terminated, and possession is granted to Contact Property Management Limited, at 12.00 noon on Monday 20 May 2024.
Baylee Dacombe-Terry is to pay Contact Property Management Ltd $20.44 immediately, being the filing fee for this application.

Reasons

The adjournment order dated 15 March 2024 sets out the background to this application.
The second hearing took place on 10 May 2024. Both parties attended the hearing.
On 14 April the landlord filed a second application, seeking termination of the tenancy for rent arrears. That application was also heard on 10 May.
I have made an order terminating the tenancy for rent arrears 1 . 1 Contact Property Management Ltd v Dacombe-Terry [2024] NZTT 4860784
In terms of this application, Mr O’Connor provided further evidence at the 10 May hearing: a. Additional notices of anti-social behaviour issued on 16 April 2024 and 7 May 2024. b. A copy of the NZ Police report regarding the incident on 9 February 2024. c. Three statements signed by one of the tenant’s neighbours, detailing concerns about loud arguments and swearing from unit 7.
Four of the five anti-social behaviour notices issued by Mr O’Connor meet the formal requirements of the Residential Tenancies Act 1986.
Ms Dacombe-Terry denied the incidents that are alleged in the various notices.
The standard of proof that applies in the Tenancy Tribunal is “more likely than not”.
I am satisfied that the evidence provided by Mr O’Connor proves, to the standard of “more likely than not”, that there have been multiple incidences of loud arguments / yelling / swearing at Ms Dacombe-Terry’s unit during her brief tenancy. Those incidents almost certainly involve Ms Dacombe-Terry and Mr Bardsley, her caregiver.
The fact that Mr O’Connor received multiple complaints, from several different neighbours, all alleging the same type of disturbance shows that this is not an instance of false or exaggerated complaints by an overly-sensitive or vindictive neighbour.
Anti-social behaviour means: a. Harassment; or b. Any other act or omission (whether intentional or not) if the act or omission reasonably causes alarm, distress, or nuisance that is more than minor.
Persons living in close proximity (such as in a block of units) must accept some interference with their peace and privacy from their neighbours.
However, the types of disturbance detailed in the complaints made by Ms Dacombe-Terry’s neighbours goes significantly beyond this. The fact that this is a well established pattern of behaviour by Ms Dacome-Terry and Mr Bardsley is supported by a comment in the Police report that the 9 February incident was “Another incident between a well known pair”.
I am satisfied that: a. On at least three occasions during a 90-day period the tenant, and / or a person in the premises with the tenant’s consent, engaged in anti-social behaviour in connection with the tenancy; and b. On each occasion the landlord gave the tenant notice of the anti-social behaviour; and c. There are no circumstances that would make it unfair for the Tribunal to terminate the tenancy.
Therefore, the tenancy is terminated 2 .
Because I made an order for termination due to anti-social behaviour, it is not necessary to address the alternative grounds for termination in the landlord’s application.
The landlord has been successful in this application, and I must award the landlord the filing fee of $20.44.

Tenancy Tribunal case 4803119 — Rent arrears at Unit 7, 118 Otaika Road, Raumanga, Whangarei 0110

At a glance

Tenancy Tribunal case 4803119 — Rent arrears at Unit 7, 118 Otaika Road, Raumanga, Whangarei 0110

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