What was the outcome of Tenancy Tribunal case 4925093?

The tribunal order states: The tenancy of Stacey O Te Whanau Poki at Unit/Flat 519, 139B Greys

How much money was awarded in case 4925093?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4925093?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4925093?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10589189-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4925093?

The tribunal order states: The tenancy of Stacey O Te Whanau Poki at Unit/Flat 519, 139B Greys

How much money was awarded in case 4925093?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4925093?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4925093?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10589189-Tenancy_Tribunal_Order.pdf.

Unit/Flat 519, 139B Greys Avenue, Auckland Central, Tenancy Tribunal Case 4925093 — 14-day notice

Order

The tenancy of Stacey O Te Whanau Poki at Unit/Flat 519, 139B Greys Avenue, Auckland Central, Auckland 1010 is terminated, and possession is granted to Kāinga Ora–Homes and Communities, at 11.59pm on Tuesday 23 rd July 2024.

Reasons

Both parties attended the hearing.
This is a landlord application seeking termination of the tenancy after a series of assaults on staff and neighbours of the tenants over a three-hour period on 1 June 2024. . Background:
The tenancy commenced on 25 October 2023.
On 1 June 2024, the tenant became grossly intoxicated and over the course of three hours assaulted two of her neighbours, a member of the public who came to the aid of staff that were trying to restrain the tenant and indecently assaulted a staff member . The assaults were accompanied with weapons such as a fork, two butter knife and a kitchen utility knife. There were threats to cause people physical bodily harm.
All the assaults were captured on CCTV. The Landlord provided the Tribunal with witnesses’ statements, statements from people who were assaulted and graphic CCTV footage of all assaults.
I was shocked at the level of violence witnessed on the CCTV towards other people, particularly staff members who were simply attempting to maintain order, protect all members of the building and themselves.
The tenant was unaware of the level of violence that had occurred this day due to her gross intoxication. The tenant heard the accounts of the assaults from the witnesses which I read out in the hearing. The tenant declined to view the CCTV footage.
I was impressed by the tenant’s honesty and acknowledgement of the harm caused this day. She says that it was a one off and she was in a state of depression due to losing her job. She has taken steps to occupy her mind while seeking a new job. Termination for Assault:
I set out the relevant part of section 55 of the Residential Tenancies Act 1986 (the RTA) below: S55Termination on non-payment of rent, damage, or assault (1) Subject to subsection (2), 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: (i)the landlord or any member of the landlord’s family: (ii)the owner of the premises or any member of the owner’s family: (iii)any agent of the landlord: (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. (1A) Notwithstanding section 78(3), the Tribunal may, instead of making a final termination order for the non-payment of rent under subsection (1)(a), make a conditional order if, but only if, it is satisfied that— (a)the tenant will pay any rent in arrear within a period specified by the Tribunal; and (b)it is unlikely that the tenant will commit any further breach of a kind to which any of paragraphs (a), (b), and (c) of subsection (1) applies. (1B) Any conditional order referred to in subsection (1A)— (a)shall set out the terms of repayment of any rent in arrear or any other conditions attaching to the order; and (b)shall automatically take effect as a final termination order if the conditions are not complied with; and (c)shall lapse if the conditions are complied with. (2)The Tribunal may refuse to make an order under subsection (1) 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.
Discussion was had with the tenant about how she could reassure the landlord that : (a) The breach has been remedied. (b) That the tenant is unlikely to commit any further breaches of this kind.
The tenant reassures the Tribunal and the landlord that this will not happen again as she does not usually drink alcohol but, on this day, she had consumer a full bottle of vodka.
She became angry and saw a woman that she had previously had a falling out with and that set her off on this course of violence.
I find that the tenant was genuinely committed to remaining sober and not engaging in violence or abusive behaviour towards other people.
However, having witnessed the CCTV and the extent of the violence, multiple victims, and the fact that it occurred several times over a three-hour period, I simply cannot say that I have been persuaded that this could not happen again.
I find that the tenant has assaulted a number of people, which is not denied. I find that the personal/emotional circumstances that lead to the behaviour can occur again, and no steps could be put in place to ensure that there are no further incidents that would allow the tenancy to continue.
I do not find that the landlord has taken this step to file an application before the Tribunal lightly.
In the circumstances I must terminate the tenancy.
The tenancy is to terminate at 11.59pm on Tuesday 23 Jul 2024 and possession is granted to the landlord.

Order

The tenancy of Stacey O Te Whanau Poki at Unit/Flat 519, 139B Greys Avenue, Auckland Central, Auckland 1010 is terminated, and possession is granted to Kāinga Ora–Homes and Communities, at 11.59pm on Tuesday 23 rd July 2024.

Reasons

Both parties attended the hearing.
This is a landlord application seeking termination of the tenancy after a series of assaults on staff and neighbours of the tenants over a three-hour period on 1 June 2024. . Background:
The tenancy commenced on 25 October 2023.
On 1 June 2024, the tenant became grossly intoxicated and over the course of three hours assaulted two of her neighbours, a member of the public who came to the aid of staff that were trying to restrain the tenant and indecently assaulted a staff member . The assaults were accompanied with weapons such as a fork, two butter knife and a kitchen utility knife. There were threats to cause people physical bodily harm.
All the assaults were captured on CCTV. The Landlord provided the Tribunal with witnesses’ statements, statements from people who were assaulted and graphic CCTV footage of all assaults.
I was shocked at the level of violence witnessed on the CCTV towards other people, particularly staff members who were simply attempting to maintain order, protect all members of the building and themselves.
The tenant was unaware of the level of violence that had occurred this day due to her gross intoxication. The tenant heard the accounts of the assaults from the witnesses which I read out in the hearing. The tenant declined to view the CCTV footage.
I was impressed by the tenant’s honesty and acknowledgement of the harm caused this day. She says that it was a one off and she was in a state of depression due to losing her job. She has taken steps to occupy her mind while seeking a new job. Termination for Assault:
I set out the relevant part of section 55 of the Residential Tenancies Act 1986 (the RTA) below: S55Termination on non-payment of rent, damage, or assault (1) Subject to subsection (2), 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: (i)the landlord or any member of the landlord’s family: (ii)the owner of the premises or any member of the owner’s family: (iii)any agent of the landlord: (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. (1A) Notwithstanding section 78(3), the Tribunal may, instead of making a final termination order for the non-payment of rent under subsection (1)(a), make a conditional order if, but only if, it is satisfied that— (a)the tenant will pay any rent in arrear within a period specified by the Tribunal; and (b)it is unlikely that the tenant will commit any further breach of a kind to which any of paragraphs (a), (b), and (c) of subsection (1) applies. (1B) Any conditional order referred to in subsection (1A)— (a)shall set out the terms of repayment of any rent in arrear or any other conditions attaching to the order; and (b)shall automatically take effect as a final termination order if the conditions are not complied with; and (c)shall lapse if the conditions are complied with. (2)The Tribunal may refuse to make an order under subsection (1) 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.
Discussion was had with the tenant about how she could reassure the landlord that : (a) The breach has been remedied. (b) That the tenant is unlikely to commit any further breaches of this kind.
The tenant reassures the Tribunal and the landlord that this will not happen again as she does not usually drink alcohol but, on this day, she had consumer a full bottle of vodka.
She became angry and saw a woman that she had previously had a falling out with and that set her off on this course of violence.
I find that the tenant was genuinely committed to remaining sober and not engaging in violence or abusive behaviour towards other people.
However, having witnessed the CCTV and the extent of the violence, multiple victims, and the fact that it occurred several times over a three-hour period, I simply cannot say that I have been persuaded that this could not happen again.
I find that the tenant has assaulted a number of people, which is not denied. I find that the personal/emotional circumstances that lead to the behaviour can occur again, and no steps could be put in place to ensure that there are no further incidents that would allow the tenancy to continue.
I do not find that the landlord has taken this step to file an application before the Tribunal lightly.
In the circumstances I must terminate the tenancy.
The tenancy is to terminate at 11.59pm on Tuesday 23 Jul 2024 and possession is granted to the landlord.

Tenancy Tribunal case 4925093 — 14-day notice at Unit/Flat 519, 139B Greys Avenue, Auckland Central,

At a glance

Tenancy Tribunal case 4925093 — 14-day notice at Unit/Flat 519, 139B Greys Avenue, Auckland Central,

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