What was the outcome of Tenancy Tribunal case 4935193?

The tribunal order states: This order replaces the order made earlier today that wrongly gave the date and

How much money was awarded in case 4935193?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4935193?

The primary dispute was Mould & damp. Related themes: Harassment.

Where can I read the official tribunal order for case 4935193?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10759562-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4935193?

The tribunal order states: This order replaces the order made earlier today that wrongly gave the date and

How much money was awarded in case 4935193?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4935193?

The primary dispute was Mould & damp. Related themes: Harassment.

Where can I read the official tribunal order for case 4935193?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10759562-Tribunal_Order.pdf.

8 Concord Place, Burwood, Christchurch 8083 Tenancy Tribunal Case 4935193 — Mould & damp

Order

This order replaces the order made earlier today that wrongly gave the date and time of possession as 12 noon 27 February 2024. The date should have been today’s date, 27 August 2024. The

Reasons

below are unchanged.

The tenancy of David Roden at 8 Concord Place, Burwood, Christchurch 8083 is terminated, and possession is granted to Otautahi Community Housing Trust, at 12 noon on Tuesday 27 August 2024.
David Roden must pay Otautahi Community Housing Trust $20.44 filing fee immediately.
This order may be enforced immediately. Reasons:
The landlord’s representatives attended the hearing. The tenant did not attend.
The landlord has applied to the Tribunal for an order terminating this periodic tenancy on the grounds of anti-social behaviour by the tenant. Law
Under s55A of the Residential Tenancies Act 1986 (the Act), subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied that: 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 the landlord 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 for anti-social behaviour 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. Evidence
The tenant has a tenancy of a unit in a community housing development comprising 52 units. The landlord presented evidence from the tenants of three other units in the development. Two of the tenants attended the hearing to give their evidence. The landlord produced an unsigned statement taken from the third tenant.
The landlord also produced documents which they said were authored by the tenant and which he delivered to the premises of the three other tenants. Having heard from the two tenants who gave evidence and having considered the other evidence presented by the landlord, I am satisfied that the documents were written by the tenant and delivered by him to the units of the other three tenants.
One tenant received a document that was homophobic in nature and threatened, implicitly, to damage his car and ended “Then you don’t want to no (sic) what comes next homosexual”. That was followed by another document from the tenant apologising for his previous behaviour.
Another tenant received a document from the tenant threatening to burn out the tenant and his mobility scooter if he did not pay the tenant $500. It ended “You pay or your (sic) dead”.
The third tenant received a document from the tenant using a racial slur and demanding that she leave to go “back up north” and stating that if she didn’t go “you are fucked mate”.
Unsurprisingly, the three tenants said that they felt threatened and frightened by the documents they received from the tenant. Decision
Plainly, the documents reasonably caused alarm, distress or nuisance to the three tenants that is more than minor, and they therefore qualify as anti-social behaviour under the Act. I am also satisfied that the tenant has engaged in other anti-social behaviour towards at least one of the three other tenants.
I have determined that the landlord has established that anti-social behaviour has occurred on the premises by the tenant. The landlord has served notices on the tenant as required by 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 considering the circumstances in which the behaviour arose, and the notices were given. I am also satisfied that the landlord has not acted in any retaliatory way in bringing this application.
It follows that I must make an order terminating the tenancy for the tenant’s anti- social behaviour. Other Grounds
The landlord relies on two other grounds for terminating the tenancy.
One of them is that the tenant has caused substantial damage to the premises. That ground too has been established. The tenant has brought bales of pea straw into the premises from which he has been growing plants. He has been watering the pea straw inside the premises.
The excessive moisture in the unit from the tenant’s activities has caused mould and rot in the premises and it is likely that carpet, vinyl and skirtings in the premises will need to be replaced and it will need redecoration.
The other is that the tenant has threatened to assault a neighbour of the premises. He has done so against at least one of the three other tenants referred to above.
The Act requires the Tribunal to terminate the tenancy in both these circumstances and so they are both additional grounds for terminating the tenancy. Order
The tenant is not living in the premises at present. He is in temporary accommodation, and he is being supported. I have therefore made an order for immediate possession of the premises to be given to the landlord and an order allowing the landlord to enforce this order immediately. I would hope and expect that the tenant with the help of those supporting him will allow the landlord to enter and take possession of the premises without the need for court enforcement of this order. Filing Fee
The landlord has succeeded and so the tenant must pay the filing fee.

Order

This order replaces the order made earlier today that wrongly gave the date and time of possession as 12 noon 27 February 2024. The date should have been today’s date, 27 August 2024. The

Reasons

below are unchanged.

The tenancy of David Roden at 8 Concord Place, Burwood, Christchurch 8083 is terminated, and possession is granted to Otautahi Community Housing Trust, at 12 noon on Tuesday 27 August 2024.
David Roden must pay Otautahi Community Housing Trust $20.44 filing fee immediately.
This order may be enforced immediately. Reasons:
The landlord’s representatives attended the hearing. The tenant did not attend.
The landlord has applied to the Tribunal for an order terminating this periodic tenancy on the grounds of anti-social behaviour by the tenant. Law
Under s55A of the Residential Tenancies Act 1986 (the Act), subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied that: 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 the landlord 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 for anti-social behaviour 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. Evidence
The tenant has a tenancy of a unit in a community housing development comprising 52 units. The landlord presented evidence from the tenants of three other units in the development. Two of the tenants attended the hearing to give their evidence. The landlord produced an unsigned statement taken from the third tenant.
The landlord also produced documents which they said were authored by the tenant and which he delivered to the premises of the three other tenants. Having heard from the two tenants who gave evidence and having considered the other evidence presented by the landlord, I am satisfied that the documents were written by the tenant and delivered by him to the units of the other three tenants.
One tenant received a document that was homophobic in nature and threatened, implicitly, to damage his car and ended “Then you don’t want to no (sic) what comes next homosexual”. That was followed by another document from the tenant apologising for his previous behaviour.
Another tenant received a document from the tenant threatening to burn out the tenant and his mobility scooter if he did not pay the tenant $500. It ended “You pay or your (sic) dead”.
The third tenant received a document from the tenant using a racial slur and demanding that she leave to go “back up north” and stating that if she didn’t go “you are fucked mate”.
Unsurprisingly, the three tenants said that they felt threatened and frightened by the documents they received from the tenant. Decision
Plainly, the documents reasonably caused alarm, distress or nuisance to the three tenants that is more than minor, and they therefore qualify as anti-social behaviour under the Act. I am also satisfied that the tenant has engaged in other anti-social behaviour towards at least one of the three other tenants.
I have determined that the landlord has established that anti-social behaviour has occurred on the premises by the tenant. The landlord has served notices on the tenant as required by 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 considering the circumstances in which the behaviour arose, and the notices were given. I am also satisfied that the landlord has not acted in any retaliatory way in bringing this application.
It follows that I must make an order terminating the tenancy for the tenant’s anti- social behaviour. Other Grounds
The landlord relies on two other grounds for terminating the tenancy.
One of them is that the tenant has caused substantial damage to the premises. That ground too has been established. The tenant has brought bales of pea straw into the premises from which he has been growing plants. He has been watering the pea straw inside the premises.
The excessive moisture in the unit from the tenant’s activities has caused mould and rot in the premises and it is likely that carpet, vinyl and skirtings in the premises will need to be replaced and it will need redecoration.
The other is that the tenant has threatened to assault a neighbour of the premises. He has done so against at least one of the three other tenants referred to above.
The Act requires the Tribunal to terminate the tenancy in both these circumstances and so they are both additional grounds for terminating the tenancy. Order
The tenant is not living in the premises at present. He is in temporary accommodation, and he is being supported. I have therefore made an order for immediate possession of the premises to be given to the landlord and an order allowing the landlord to enforce this order immediately. I would hope and expect that the tenant with the help of those supporting him will allow the landlord to enter and take possession of the premises without the need for court enforcement of this order. Filing Fee
The landlord has succeeded and so the tenant must pay the filing fee.

Tenancy Tribunal case 4935193 — Mould & damp at 8 Concord Place, Burwood, Christchurch 8083

At a glance

Tenancy Tribunal case 4935193 — Mould & damp at 8 Concord Place, Burwood, Christchurch 8083

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