What was the outcome of Tenancy Tribunal case 4814137?

The tribunal order states: The tenancy of Moanaroa Heremaia at Unit/Flat 405, 17 Vogel Lane, Auckland

How much money was awarded in case 4814137?

Ession Is Granted To Barfoot & Thomp…: $20.44 awarded to landlord

What type of tenancy dispute was case 4814137?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4814137?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10054778-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4814137?

The tribunal order states: The tenancy of Moanaroa Heremaia at Unit/Flat 405, 17 Vogel Lane, Auckland

How much money was awarded in case 4814137?

Ession Is Granted To Barfoot & Thomp…: $20.44 awarded to landlord

What type of tenancy dispute was case 4814137?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4814137?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10054778-Tenancy_Tribunal_Order.pdf.

Unit/Flat 405, 17 Vogel Lane, Auckland Central, Auckland Tenancy Tribunal Case 4814137 — Harassment

Order

Claims and awards in Tenancy Tribunal application 4814137. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ession is granted to Barfoot & Thompson Limited - City As Agent For Pk Trust, immediately. 2. Moanaroa Heremaia is to pa	$20.44		ession is granted to Barfoot & Thompson Limited - City As Agent For Pk Trust, immediately. 2. Moanaroa Heremaia is to pa

The tenancy of Moanaroa Heremaia at Unit/Flat 405, 17 Vogel Lane, Auckland Central, Auckland 1010, Alpha Apartments is terminated, and possession is granted to Barfoot & Thompson Limited - City As Agent For Pk Trust, immediately.

Moanaroa Heremaia is to pay $20.44 to Barfoot & Thompson Limited - City As Agent For Pk Trust immediately, being reimbursement of the filing fee.

Reasons

The agent for the landlord attended the hearing. The tenant did not attend. I am satisfied there has been adequate service of the hearing notice and proceeded with the hearing in the tenant’s absence.

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 consists of: • Unauthorised package theft by the tenant’s guest from the Alpha Apartments mail lobby caught on CCTV video footage. The incident took place on 6 January 2024 and the tenant was found in the apartment elevator by the building manager with the items in question. • A physical fight between the tenant and a guest she had brought to the apartment building which was caught on CCTV footage. The CCTV recording shows the tenant getting into a physical altercation where there is also yelling/screaming, abusive threats and swearing including abusing and swearing at other tenants. This incident occurred on 6 February 2024. • Excessive loud noise (including shouting, loud music, excessive swearing and abusive behaviour) coming from the tenant’s apartment, as reported by tenants and occupants in the Alpha Apartment Complex. This incident occurred on 16 February 2024.

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. The landlord has produced compelling photographic and CCTV video evidence, complaints from other tenants and statements setting out the incidents of disturbance and anti-social behaviour. The landlord’s evidence is undisputed.

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 landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4814137. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ession is granted to Barfoot & Thompson Limited - City As Agent For Pk Trust, immediately. 2. Moanaroa Heremaia is to pa	$20.44		ession is granted to Barfoot & Thompson Limited - City As Agent For Pk Trust, immediately. 2. Moanaroa Heremaia is to pa

Order

The tenancy of Moanaroa Heremaia at Unit/Flat 405, 17 Vogel Lane, Auckland Central, Auckland 1010, Alpha Apartments is terminated, and possession is granted to Barfoot & Thompson Limited - City As Agent For Pk Trust, immediately.
Moanaroa Heremaia is to pay $20.44 to Barfoot & Thompson Limited - City As Agent For Pk Trust immediately, being reimbursement of the filing fee.

Reasons

The agent for the landlord attended the hearing. The tenant did not attend. I am satisfied there has been adequate service of the hearing notice and proceeded with the hearing in the tenant’s absence.
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 consists of: • Unauthorised package theft by the tenant’s guest from the Alpha Apartments mail lobby caught on CCTV video footage. The incident took place on 6 January 2024 and the tenant was found in the apartment elevator by the building manager with the items in question. • A physical fight between the tenant and a guest she had brought to the apartment building which was caught on CCTV footage. The CCTV recording shows the tenant getting into a physical altercation where there is also yelling/screaming, abusive threats and swearing including abusing and swearing at other tenants. This incident occurred on 6 February 2024. • Excessive loud noise (including shouting, loud music, excessive swearing and abusive behaviour) coming from the tenant’s apartment, as reported by tenants and occupants in the Alpha Apartment Complex. This incident occurred on 16 February 2024.
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. The landlord has produced compelling photographic and CCTV video evidence, complaints from other tenants and statements setting out the incidents of disturbance and anti-social behaviour. The landlord’s evidence is undisputed.
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 landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Tenancy Tribunal case 4814137 — Harassment at Unit/Flat 405, 17 Vogel Lane, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 4814137 — Harassment at Unit/Flat 405, 17 Vogel Lane, Auckland Central, Auckland

At a glance

Claims & awards

Order

Reasons

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Key findings

Property management

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Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions