What was the outcome of Tenancy Tribunal case 4929033?

The tribunal order states: The tenancy of Maressa Tane at 12C Wainoni Avenue, Point Chevalier,

How much money was awarded in case 4929033?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4929033?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4929033?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10640770-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4929033?

The tribunal order states: The tenancy of Maressa Tane at 12C Wainoni Avenue, Point Chevalier,

How much money was awarded in case 4929033?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4929033?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4929033?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10640770-Tenancy_Tribunal_Order.pdf.

12C Wainoni Avenue, Point Chevalier, Auckland 1022 Tenancy Tribunal Case 4929033 — Harassment

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Reasons

Both parties attended the hearing. Ms Perese represented the landlord.

The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour.

The landlord states that the anti-social behaviour is the failure by the tenant to contain and control her dogs which are roaming unattended, causing a nuisance, barking and showing aggressive behaviour towards neighbours. The most serious incident was on 14 May 2024 when one of the tenant’s dogs bit a neighbour.

Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied: section 55A of the Residential Tenancies Act 1986 (the Act) 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. When determining whether the tenancy should be terminated under section 55A of the Act, I cannot consider the impact on the tenant, in making an order for termination.

I am satisfied 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 by section 55A of the Act, 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.

Reasons

Both parties attended the hearing. Ms Perese represented the landlord.

The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour.

Tenancy Tribunal case 4929033 — Harassment at 12C Wainoni Avenue, Point Chevalier, Auckland 1022

At a glance

Tenancy Tribunal case 4929033 — Harassment at 12C Wainoni Avenue, Point Chevalier, Auckland 1022

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