What was the outcome of Tenancy Tribunal case 4941995?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4941995?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4941995?

The primary dispute was Property damage. Related themes: Harassment.

Where can I read the official tribunal order for case 4941995?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10773348-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4941995?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4941995?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4941995?

The primary dispute was Property damage. Related themes: Harassment.

Where can I read the official tribunal order for case 4941995?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10773348-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4D, 113 Vincent Street, Auckland Central, Tenancy Tribunal Case 4941995 — Property damage

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Reasons

Both parties attended the hearing which was held by teleconference.

The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant or someone on the premises with the tenant’s permission.

The landlord states that the anti-social behaviour is: a. 1 st notice regarding the tenant’s associates stealing parcels from the premises, b. 2 nd notice regarding the tenant spilling a drink in the common areas and failing to clean it up, causing a health and safety hazard, and c. 3 rd notice regarding the tenant’s associates breaking a roller door grille and in doing so, causing in excess of $7000.00 damage.

Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied: 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 meeting the requirements of the Residential Tenancies Act, 1986 (“RTA”).

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.

I have taken into account the evidence presented by the parties and I have determined that the landlord has not established that three incidents of anti- social behaviour have occurred on the premises by the tenant or a person on the tenancy with the tenant’s permission.

I am not persuaded that the tenant spilling a drink and causing a health and safety hazard meets the bar of anti-social behaviour.

Mr Epere has made it clear that he will not be allowing acquaintances who he knows have been involved in the other two incidents back on the premises.

Mr Epere has also made it clear that he is willing to pay for the damage that his acquaintances have caused to the roller door grille. The landlord will forward the bill for the insurance excess relating to this damage to Mr Epere when he receives it.

Reasons

Both parties attended the hearing which was held by teleconference.

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.

I am not persuaded that the tenant spilling a drink and causing a health and safety hazard meets the bar of anti-social behaviour.

Mr Epere has made it clear that he will not be allowing acquaintances who he knows have been involved in the other two incidents back on the premises.

Tenancy Tribunal case 4941995 — Property damage at Unit/Flat 4D, 113 Vincent Street, Auckland Central,

At a glance

Tenancy Tribunal case 4941995 — Property damage at Unit/Flat 4D, 113 Vincent Street, Auckland Central,

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions