How much money was awarded in case 4911193?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4911193?

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

Where can I read the official tribunal order for case 4911193?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10681696-Tenancy_Tribunal_Order - OP.pdf.

How much money was awarded in case 4911193?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4911193?

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

Where can I read the official tribunal order for case 4911193?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10681696-Tenancy_Tribunal_Order - OP.pdf.

Unit/Flat 5, 15 Somerfield Street, Somerfield, Christchurch Tenancy Tribunal Case 4911193 — 14-day notice

Q: What was the outcome of Tenancy Tribunal case 4911193?

The tribunal order states: The tenancy of Shelley Williams at Unit/Flat 5, 15 Somerfield Street, Somerfield,

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Order

The tenancy of Shelley Williams at Unit/Flat 5, 15 Somerfield Street, Somerfield, Christchurch 8024, Hadfield Courts is terminated, and possession is granted to Otautahi Community Housing Trust, at 3pm on Friday, 9 August 2024.

Shelley Williams must pay Otautahi Community Housing Trust $20.44 immediately, being reimbursement of the Tribunal application fee.

Reasons

Representatives of the landlord attended the hearing. I also heard from two witnesses who are tenants of the landlord.

The tenant did not attend the hearing.

The landlord has applied for termination of the tenancy for assault.

Section 55 of the Residential Tenancies Act provides for the termination of tenancies for non-payment of rent, damage, or assault. The relevant part of s55 states: (1) Subject to subsection (2) of this section, on any application made to it under this section by the landlord, the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that— (c) the tenant has assaulted, or has threatened to assault, or has caused or permitted any person to assault, or to threaten to assault, any of the following persons: (iv) any occupier of any building of which the premises constitute a part: (v) any neighbour of the premises or of any building of which the premises constitute a part. (2) The Tribunal may refuse to make an order under subsection (1) of this section if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies (but see also section 78A(3)(b)). (3) It shall not be necessary for the landlord to give to the tenant notice of the landlord's intention to apply under this section for an order terminating the tenancy.

Assault is defined in section 2(1) of the Crimes Act 1961, as the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has the present ability to effect his purpose.

I heard evidence from two other tenants of this social housing complex. They are neighbours of Ms Williams. Both claim that they were assaulted by Ms Williams; the first in January 2024 and the other in April 2024. Both provided details of the assaults, and the landlord presented photographs of their injuries. The first assault was alleged to have been blows to the head and upper torso with a golf club. The second resulted in the other tenant having a broken finger. The evidence of the second assault was corroborated by contemporaneous medical evidence, police reports and written records of discussions with other tenants in the complex.

The tenant did not attend this hearing to explain her position to the Tribunal. However, she had met with the landlord. The landlord took notes of that conversation and presented them in evidence. In that conversation, the tenant is recorded as acknowledging the first assault but, effectively, claiming that it was self-defence. She is recorded as denying that the second assault took place at all.

The standard of proof required in this case is the balance of probabilities, it is not the higher criminal standard of beyond reasonable doubt. The culmination of the evidence persuades me that it is more likely than not that both assaults occurred, as detailed by the witnesses in their evidence.

The tenant did not attend the hearing, so there is no evidential basis for me to consider the discretion at s55(2) RTA. See Collins v Housing New Zealand, High Court Christchurch, CIV – 2004 – 409 – 717, 2 July 2004.

The tenancy is terminated at 3pm on Friday, 9 August 2024.

As the landlord was the successful party, I also award reimbursement of the Tribunal application fee.

Order

Shelley Williams must pay Otautahi Community Housing Trust $20.44 immediately, being reimbursement of the Tribunal application fee.

Reasons

Representatives of the landlord attended the hearing. I also heard from two witnesses who are tenants of the landlord.

The tenant did not attend the hearing.

The landlord has applied for termination of the tenancy for assault.

The tenancy is terminated at 3pm on Friday, 9 August 2024.

As the landlord was the successful party, I also award reimbursement of the Tribunal application fee.

Tenancy Tribunal case 4911193 — 14-day notice at Unit/Flat 5, 15 Somerfield Street, Somerfield, Christchurch

At a glance

Tenancy Tribunal case 4911193 — 14-day notice at Unit/Flat 5, 15 Somerfield Street, Somerfield, Christchurch

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions