What was the outcome of Tenancy Tribunal case 4986928?

The tribunal order states: The tenancy of John Padgett at Unit/Flat 17, 146 King Street, Sydenham,

How much money was awarded in case 4986928?

Er Incident Of Anti-Social Behaviour…: $27.00 awarded to landlord

What type of tenancy dispute was case 4986928?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4986928?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10961564-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4986928?

The tribunal order states: The tenancy of John Padgett at Unit/Flat 17, 146 King Street, Sydenham,

How much money was awarded in case 4986928?

Er Incident Of Anti-Social Behaviour…: $27.00 awarded to landlord

What type of tenancy dispute was case 4986928?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4986928?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10961564-Tenancy_Tribunal_Order.pdf.

Unit/Flat 17, 146 King Street, Sydenham, Christchurch Tenancy Tribunal Case 4986928 — Harassment

Claims and awards in Tenancy Tribunal application 4986928. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
er incident of anti-social behaviour by the tenant before 27 October 2024. 2. John Padgett is to pay Ōtautahi Community	$27.00		er incident of anti-social behaviour by the tenant before 27 October 2024. 2. John Padgett is to pay Ōtautahi Community

Order

The tenancy of John Padgett at Unit/Flat 17, 146 King Street, Sydenham, Christchurch 8023, Regal Courts is terminated, and possession is granted to Ōtautahi Community Housing Trust, at 11.59pm on Sunday 27 October 2024, PROVIDED HOWEVER that the landlord may apply urgently to have the possession date brought forward if there is another incident of anti-social behaviour by the tenant before 27 October 2024.
John Padgett is to pay Ōtautahi Community Housing Trust $27.00 immediately, being the filing fee on the application.

Reasons

Both parties attended the hearing. Ms Wyatt and Mr Olds represented the landlord.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour by the tenant towards other tenants.
Separately, the landlord has applied for termination on the basis that the tenant assaulted another tenant. Anti-social behaviour
The landlord states that the anti-social behaviour comprises the tenant assaulting another tenant on 28 July 2024; stealing property from another tenant on 11 August 2024; and using threatening language and being aggressive to another tenant in his home (and that tenant’s guest) on 5 September 2024.
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 landlord including the evidence given by 4 witnesses, 3 of whom were the subject of the tenant’s anti- social behaviour. Another witness observed the assault by the tenant of another tenant.
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 Residential Tenancies Act 1986, and the application to the Tribunal (initially based on assault) was amended 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. Termination for assault
Separately, I find that the tenant committed an assault for which he was charged and apparently cautioned. That too is a statutory ground for the termination of the tenancy.
The tenant did not question the evidence the witnesses gave. He said he neither denied what had occurred nor excused himself for the behaviour on which the application is based. He admitted that he had a disease – alcoholism – that affected his behaviour. He said he had been assaulted 4 times, but no action had been taken. Result
After hearing the evidence, I confirmed that the Tribunal would terminate the tenancy as the landlord had proven its case. The tenant accepted that.
I have set the possession date on 27 October 2024. If there is another incident of anti-social behaviour before then, the landlord can apply for an urgent telephone hearing, and I will likely bring forward the possession date.
Because Ōtautahi Community Housing Trust has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4986928. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
er incident of anti-social behaviour by the tenant before 27 October 2024. 2. John Padgett is to pay Ōtautahi Community	$27.00		er incident of anti-social behaviour by the tenant before 27 October 2024. 2. John Padgett is to pay Ōtautahi Community

Order

The tenancy of John Padgett at Unit/Flat 17, 146 King Street, Sydenham, Christchurch 8023, Regal Courts is terminated, and possession is granted to Ōtautahi Community Housing Trust, at 11.59pm on Sunday 27 October 2024, PROVIDED HOWEVER that the landlord may apply urgently to have the possession date brought forward if there is another incident of anti-social behaviour by the tenant before 27 October 2024.
John Padgett is to pay Ōtautahi Community Housing Trust $27.00 immediately, being the filing fee on the application.

Reasons

Both parties attended the hearing. Ms Wyatt and Mr Olds represented the landlord.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour by the tenant towards other tenants.
Separately, the landlord has applied for termination on the basis that the tenant assaulted another tenant. Anti-social behaviour
The landlord states that the anti-social behaviour comprises the tenant assaulting another tenant on 28 July 2024; stealing property from another tenant on 11 August 2024; and using threatening language and being aggressive to another tenant in his home (and that tenant’s guest) on 5 September 2024.
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 landlord including the evidence given by 4 witnesses, 3 of whom were the subject of the tenant’s anti- social behaviour. Another witness observed the assault by the tenant of another tenant.
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 Residential Tenancies Act 1986, and the application to the Tribunal (initially based on assault) was amended 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. Termination for assault
Separately, I find that the tenant committed an assault for which he was charged and apparently cautioned. That too is a statutory ground for the termination of the tenancy.
The tenant did not question the evidence the witnesses gave. He said he neither denied what had occurred nor excused himself for the behaviour on which the application is based. He admitted that he had a disease – alcoholism – that affected his behaviour. He said he had been assaulted 4 times, but no action had been taken. Result
After hearing the evidence, I confirmed that the Tribunal would terminate the tenancy as the landlord had proven its case. The tenant accepted that.
I have set the possession date on 27 October 2024. If there is another incident of anti-social behaviour before then, the landlord can apply for an urgent telephone hearing, and I will likely bring forward the possession date.
Because Ōtautahi Community Housing Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4986928 — Harassment at Unit/Flat 17, 146 King Street, Sydenham, Christchurch

At a glance

Tenancy Tribunal case 4986928 — Harassment at Unit/Flat 17, 146 King Street, Sydenham, Christchurch

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Claims & awards

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Property management

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