What was the outcome of Tenancy Tribunal case 4947655?

The tribunal order states: The tenancy of Toni Leigh Ganley at Unit/Flat 1, 68 Tasman Street, The Wood,

How much money was awarded in case 4947655?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 4947655?

The dispute type was not classified.

Where can I read the official tribunal order for case 4947655?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10727754-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4947655?

The tribunal order states: The tenancy of Toni Leigh Ganley at Unit/Flat 1, 68 Tasman Street, The Wood,

How much money was awarded in case 4947655?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 4947655?

The dispute type was not classified.

Where can I read the official tribunal order for case 4947655?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10727754-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 68 Tasman Street, The Wood, Nelson 7010 Tenancy Tribunal Case 4947655 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4947655 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Total payable by Tenant to Landlord	$27.00

Order

The tenancy of Toni Leigh Ganley at Unit/Flat 1, 68 Tasman Street, The Wood, Nelson 7010 is terminated, and possession is granted to Summit Property Management Limited As Agent For Sally Dawson, at 11:59pm on Thursday 29 August 2024.
Toni Leigh Ganley must pay Summit Property Management Limited As Agent For Sally Dawson $27.00 immediately, calculated as set out in the table below.

Reasons

Both parties attended the hearing.
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. Blocking the driveway with vehicles and not moving these vehicles when asked to do so by neighbours; b. Shouting and screaming profanities; c. Domestic disputes with partner and ex-partner; d. Intimidating behaviours by persons at the property with the tenant’s consent, frightening the neighbours; e. Loud music; and f. Having unauthorised occupants living at the premise.
The evidence given by both parties shows this anti-social behaviour has most often happened late at night and in the early hours of the morning.
The landlord has issued three notices for anti-social behaviour within a 90 day period: a. The first notice was issued on 7 May 2024 for an incident that occurred on 5 May 2024, where the tenant and her ex-partner were having an argument that resulted in swearing, yelling, screaming and slamming of doors at 11pm; b. The second notice was issued on 21 May 2024 for incidents on 18 and 19 May 2024 at midnight and between 6am and 11am. These incidents involved, yelling, swearing and disorderly behaviours as well as blocking the driveway with an unlawfully parked vehicle; c. The third notice was issued on 25 June 2024 fir an incident with Issac Ginty and others at 3pm on 23 June 2024. This incident involved yelling, screaming profanities, intimidation and eight Police cars being called to the premise.
The landlord noted that leading up to these three notices for anti-social behaviour, it had given the tenant numerous informal warnings about the complaints it was receiving from neighbours around the tenant and up the road from the tenant. Further, the landlord claims the anti-social behaviour has continued post the three 14-day notices for anti-social behaviour.
The tenant confirmed that until very recently she has continued to have contact with the persons in her life that have led to these notices being issued.
Although the tenant is clearly trying to turn her life around, the owner of the property is concerned that the neighbours are living in fear, having their quiet enjoyment of their properties breached and are being subject to nuisance such as not being able to access the driveway and being intimidated when they make a request for the vehicle to be moved and being witnessing up to eight Police attended the property at a time for reported incidents .
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— 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.
I have considered the evidence presented by the parties as set out above.
I have determined 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 in the Residential Tenancies Act 1986, 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 cannot see that the landlord has acted in any retaliatory way in bringing this application.
I cannot consider the impact on the tenant, in making an order for termination of the tenancy.
I order that the tenancy terminate at 11:59pm on Thursday 29 August 2024 and possession be granted to the landlord. Reimbursement of filing fee
Because Summit Property Management Limited As Agent For Sally Dawson has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4947655 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Total payable by Tenant to Landlord	$27.00

Order

The tenancy of Toni Leigh Ganley at Unit/Flat 1, 68 Tasman Street, The Wood, Nelson 7010 is terminated, and possession is granted to Summit Property Management Limited As Agent For Sally Dawson, at 11:59pm on Thursday 29 August 2024.
Toni Leigh Ganley must pay Summit Property Management Limited As Agent For Sally Dawson $27.00 immediately, calculated as set out in the table below.

Reasons

Both parties attended the hearing.
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. Blocking the driveway with vehicles and not moving these vehicles when asked to do so by neighbours; b. Shouting and screaming profanities; c. Domestic disputes with partner and ex-partner; d. Intimidating behaviours by persons at the property with the tenant’s consent, frightening the neighbours; e. Loud music; and f. Having unauthorised occupants living at the premise.
The evidence given by both parties shows this anti-social behaviour has most often happened late at night and in the early hours of the morning.
The landlord has issued three notices for anti-social behaviour within a 90 day period: a. The first notice was issued on 7 May 2024 for an incident that occurred on 5 May 2024, where the tenant and her ex-partner were having an argument that resulted in swearing, yelling, screaming and slamming of doors at 11pm; b. The second notice was issued on 21 May 2024 for incidents on 18 and 19 May 2024 at midnight and between 6am and 11am. These incidents involved, yelling, swearing and disorderly behaviours as well as blocking the driveway with an unlawfully parked vehicle; c. The third notice was issued on 25 June 2024 fir an incident with Issac Ginty and others at 3pm on 23 June 2024. This incident involved yelling, screaming profanities, intimidation and eight Police cars being called to the premise.
The landlord noted that leading up to these three notices for anti-social behaviour, it had given the tenant numerous informal warnings about the complaints it was receiving from neighbours around the tenant and up the road from the tenant. Further, the landlord claims the anti-social behaviour has continued post the three 14-day notices for anti-social behaviour.
The tenant confirmed that until very recently she has continued to have contact with the persons in her life that have led to these notices being issued.
Although the tenant is clearly trying to turn her life around, the owner of the property is concerned that the neighbours are living in fear, having their quiet enjoyment of their properties breached and are being subject to nuisance such as not being able to access the driveway and being intimidated when they make a request for the vehicle to be moved and being witnessing up to eight Police attended the property at a time for reported incidents .
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— 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.
I have considered the evidence presented by the parties as set out above.
I have determined 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 in the Residential Tenancies Act 1986, 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 cannot see that the landlord has acted in any retaliatory way in bringing this application.
I cannot consider the impact on the tenant, in making an order for termination of the tenancy.
I order that the tenancy terminate at 11:59pm on Thursday 29 August 2024 and possession be granted to the landlord. Reimbursement of filing fee
Because Summit Property Management Limited As Agent For Sally Dawson has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4947655 — Tenancy dispute at Unit/Flat 1, 68 Tasman Street, The Wood, Nelson 7010

At a glance

Tenancy Tribunal case 4947655 — Tenancy dispute at Unit/Flat 1, 68 Tasman Street, The Wood, Nelson 7010

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions