What was the outcome of Tenancy Tribunal case 4935353?

The tribunal order states: The tenancy of Buddy Coe Phillips at 4 Kupenga Lane, Beach Haven, Auckland

How much money was awarded in case 4935353?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4935353?

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

Where can I read the official tribunal order for case 4935353?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10627739-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4935353?

The tribunal order states: The tenancy of Buddy Coe Phillips at 4 Kupenga Lane, Beach Haven, Auckland

How much money was awarded in case 4935353?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4935353?

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

Where can I read the official tribunal order for case 4935353?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10627739-Tenancy_Tribunal_Order.pdf.

4 Kupenga Lane, Beach Haven, Auckland 0626 Tenancy Tribunal Case 4935353 — 14-day notice

Order

The tenancy of Buddy Coe Phillips at 4 Kupenga Lane, Beach Haven, Auckland 0626 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately

Reasons

Both parties attended the hearing. Mr Phillips was supported and helpfully assisted by his daughter.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy under Section 55 (1)(c) on the grounds that Mr Phillips has assaulted and threated to kill a neighbouring tenant.
Alternatively, the landlord submits that the tenancy should be terminated under 56 for breach of tenant obligations (incapable of remedy). Are there grounds to terminate the tenancy under s55(2)?
Having considered the evidence the Tribunal is satisfied that on 15 May 2024 Mr Phillips assaulted another Kāinga Ora tenant at the complex and probably threatened to kill her. The tenant is a neighbour. The events are sufficiently serious that the tenancy must be terminated.
On 15 May 2024, the Police report confirms that Mr Phillips physically assaulted a neighbouring tenant (also a Kāinga Ora resident of Kupenga Lane) by kicking her in the ribs, spitting on her and verbally threatening to stab her. The incident occurred in the early hours of the morning outside the victim’s property. The Police statement confirms that Mr Phillips had come out of his home and began yelling at the neighbouring tenant to “get out of my house” while she was on her own property before assaulting her.
The incident has left the neighbouring tenant distressed and fearful for her safety. A police report by the neighbouring tenant to Police was made regarding the incident and has been considered.
Mr Phillips has been charged with assaulting a female and threatening to kill as a result of the incident. His bail conditions mean he cannot live at the rental property. He said one of the charges maybe dropped/defended when he appears in Court in August, but he was unsure which. He also said he may not have assaulted the neighbour.
The Tribunal is satisfied that it is likely the events occurred, and the tenancy must end immediately.
The discretion, not to terminate the tenancy, under Section 55(2) should not be exercised. This is because of the serious nature of the incident in May and the equally serious impact on the neighbour concerned.
In making these findings the Tribunal has also considered the escalating behaviour and complaints about Mr Phillip’s behaviour towards his neighbours, since mid-November 2023.
I have taken into account the evidence presented by the parties as set out above.
I have determined that the landlord has established that the tenant has likely assaulted his neighbour, and threatened to kill her. That was the view of the Police who attended and interviewed them both at the time of the offending.
I consider it would be unfair not to terminate the tenancy. To do so immediately stops the rent liability and means that the applicant can take steps to relet the property. And under s 56 the tenancy must end
I have also considered the termination request under s 56.
The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable of remedy where the thing done, or its effect, cannot be undone.
However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.
The breach is serious. The tenant was on notice from earlier incidents, dating back to November 2023, that his behaviour was seriously problematic for his neighbours. The landlord has an obligation to protect neighbouring tenants and ensure their peace and right to quietly their properties is not unduly interfered with.
The breach is not capable of remedy because an assault cannot be remedied, and neither can a threat to kill.
It would be inequitable to refuse to terminate the tenancy because of the serious nature of the offending and its serious impact on the neighbouring tenant.
Ms Phillips said her father had been referred to mental health services and she hopes he can get some treatment to assist with his erratic behaviour. She and other family will assist with the removal of his remaining belongings from the property.
No suppression order was sought.

Order

The tenancy of Buddy Coe Phillips at 4 Kupenga Lane, Beach Haven, Auckland 0626 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately

Reasons

Both parties attended the hearing. Mr Phillips was supported and helpfully assisted by his daughter.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy under Section 55 (1)(c) on the grounds that Mr Phillips has assaulted and threated to kill a neighbouring tenant.
Alternatively, the landlord submits that the tenancy should be terminated under 56 for breach of tenant obligations (incapable of remedy). Are there grounds to terminate the tenancy under s55(2)?
Having considered the evidence the Tribunal is satisfied that on 15 May 2024 Mr Phillips assaulted another Kāinga Ora tenant at the complex and probably threatened to kill her. The tenant is a neighbour. The events are sufficiently serious that the tenancy must be terminated.
On 15 May 2024, the Police report confirms that Mr Phillips physically assaulted a neighbouring tenant (also a Kāinga Ora resident of Kupenga Lane) by kicking her in the ribs, spitting on her and verbally threatening to stab her. The incident occurred in the early hours of the morning outside the victim’s property. The Police statement confirms that Mr Phillips had come out of his home and began yelling at the neighbouring tenant to “get out of my house” while she was on her own property before assaulting her.
The incident has left the neighbouring tenant distressed and fearful for her safety. A police report by the neighbouring tenant to Police was made regarding the incident and has been considered.
Mr Phillips has been charged with assaulting a female and threatening to kill as a result of the incident. His bail conditions mean he cannot live at the rental property. He said one of the charges maybe dropped/defended when he appears in Court in August, but he was unsure which. He also said he may not have assaulted the neighbour.
The Tribunal is satisfied that it is likely the events occurred, and the tenancy must end immediately.
The discretion, not to terminate the tenancy, under Section 55(2) should not be exercised. This is because of the serious nature of the incident in May and the equally serious impact on the neighbour concerned.
In making these findings the Tribunal has also considered the escalating behaviour and complaints about Mr Phillip’s behaviour towards his neighbours, since mid-November 2023.
I have taken into account the evidence presented by the parties as set out above.
I have determined that the landlord has established that the tenant has likely assaulted his neighbour, and threatened to kill her. That was the view of the Police who attended and interviewed them both at the time of the offending.
I consider it would be unfair not to terminate the tenancy. To do so immediately stops the rent liability and means that the applicant can take steps to relet the property. And under s 56 the tenancy must end
I have also considered the termination request under s 56.
The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable of remedy where the thing done, or its effect, cannot be undone.
However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.
The breach is serious. The tenant was on notice from earlier incidents, dating back to November 2023, that his behaviour was seriously problematic for his neighbours. The landlord has an obligation to protect neighbouring tenants and ensure their peace and right to quietly their properties is not unduly interfered with.
The breach is not capable of remedy because an assault cannot be remedied, and neither can a threat to kill.
It would be inequitable to refuse to terminate the tenancy because of the serious nature of the offending and its serious impact on the neighbouring tenant.
Ms Phillips said her father had been referred to mental health services and she hopes he can get some treatment to assist with his erratic behaviour. She and other family will assist with the removal of his remaining belongings from the property.
No suppression order was sought.

Tenancy Tribunal case 4935353 — 14-day notice at 4 Kupenga Lane, Beach Haven, Auckland 0626

At a glance

Tenancy Tribunal case 4935353 — 14-day notice at 4 Kupenga Lane, Beach Haven, Auckland 0626

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