What was the outcome of Tenancy Tribunal case 4844500?

The tribunal order states: The tenancy of Ashleigh Stewart at 234B Clayton Road, Pukehangi, Rotorua

How much money was awarded in case 4844500?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4844500?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4844500?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10238674-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4844500?

The tribunal order states: The tenancy of Ashleigh Stewart at 234B Clayton Road, Pukehangi, Rotorua

How much money was awarded in case 4844500?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4844500?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4844500?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10238674-Tenancy_Tribunal_Order.pdf.

234B Clayton Road, Pukehangi, Rotorua 3015 Tenancy Tribunal Case 4844500 — Harassment

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Reasons

The Landlord attended the hearing. The Tenant did not attend. The Landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the Tenant.

The Landlord contends that the Tenant is engaging in anti-social behaviour because she has mental health issues and is very unwell currently. The Tenant is often yelling or shouting out of her window, disrupting other Tenants, and upsetting 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 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 determined that the landlord has established that anti-social behaviour has occurred on the premises by the tenant with reference to the information contained in the notices. I have not needed to speak to eye-witnesses. I have spoken to the Tenant’s support worker who has confirmed she is unwell and is to be moved to a new premises. 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. However, I have spoken with the Tenant’s support worker and I am satisfied that the Tenant will have new, safer premises to go to in due course.

I have decided not to defer possession, instead making a possession order in favour of the Landlord immediately, as I am worried about the impact of the Tenant’s behaviour on others if the Landlord has no ability to remove her from the premises.

Reasons

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.

Tenancy Tribunal case 4844500 — Harassment at 234B Clayton Road, Pukehangi, Rotorua 3015

At a glance

Tenancy Tribunal case 4844500 — Harassment at 234B Clayton Road, Pukehangi, Rotorua 3015

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