What was the outcome of Tenancy Tribunal case 4999048?

The tribunal order states: The tenancy of Mikaere Raniera Caleb Gush at Flat 8, 6A Durie Street, Durie

How much money was awarded in case 4999048?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4999048?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4999048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10877722-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4999048?

The tribunal order states: The tenancy of Mikaere Raniera Caleb Gush at Flat 8, 6A Durie Street, Durie

How much money was awarded in case 4999048?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4999048?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 4999048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10877722-Tenancy_Tribunal_Order.pdf.

Flat 8, 6A Durie Street, Durie Hill, Whanganui 4500 Tenancy Tribunal Case 4999048 — Harassment

Order

The tenancy of Mikaere Raniera Caleb Gush at Flat 8, 6A Durie Street, Durie Hill, Whanganui 4500 is terminated, and possession is granted to Inspire Property Management Limited as Agent for Anyos Gonczy, at 11am on Thursday 26 September 2024.
Mikaere Raniera Caleb Gush must pay Inspire Property Management Limited as Agent for Anyos Gonczy the $27 filing fee immediately.

Reasons

The hearing was conducted by telephone. A representative of the landlord’s agent attended. The tenant also attended.
The landlord has applied to the Tribunal for an order terminating this 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 consists of • Abusive text messages to the landlord’s agent. • Yelling abuse at neighbours of the premises. • Dumping rubbish at the doors of neighbouring premises. • Throwing bottles from the premises into a neighbouring property.
The tenant did not deny the allegations but said that neighbouring tenants were troublesome to him, and he had asked the landlord’s agent to evict them to no avail. He said that his behaviour was due to his drinking alcohol and that he had now stopped drinking.
Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied: • 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 • 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; • 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. There is no doubt that the tenant has engaged in anti-social behaviour in connection with the tenancy. His text messages to the landlord’s agent were disgraceful. In one text he wrote “kill yourself bitch”.
On one occasion the tenant threw a bottle from the premises into the neighbour’s garden, and it hit the gardener who was mowing the lawn. The tenant explained that he was annoyed by the noise of the lawn mower.
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 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 taking into account 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 have therefore made an order for immediate termination and possession.
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee.

Order

The tenancy of Mikaere Raniera Caleb Gush at Flat 8, 6A Durie Street, Durie Hill, Whanganui 4500 is terminated, and possession is granted to Inspire Property Management Limited as Agent for Anyos Gonczy, at 11am on Thursday 26 September 2024.
Mikaere Raniera Caleb Gush must pay Inspire Property Management Limited as Agent for Anyos Gonczy the $27 filing fee immediately.

Reasons

The hearing was conducted by telephone. A representative of the landlord’s agent attended. The tenant also attended.
The landlord has applied to the Tribunal for an order terminating this 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 consists of • Abusive text messages to the landlord’s agent. • Yelling abuse at neighbours of the premises. • Dumping rubbish at the doors of neighbouring premises. • Throwing bottles from the premises into a neighbouring property.
The tenant did not deny the allegations but said that neighbouring tenants were troublesome to him, and he had asked the landlord’s agent to evict them to no avail. He said that his behaviour was due to his drinking alcohol and that he had now stopped drinking.
Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied: • 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 • 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; • 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. There is no doubt that the tenant has engaged in anti-social behaviour in connection with the tenancy. His text messages to the landlord’s agent were disgraceful. In one text he wrote “kill yourself bitch”.
On one occasion the tenant threw a bottle from the premises into the neighbour’s garden, and it hit the gardener who was mowing the lawn. The tenant explained that he was annoyed by the noise of the lawn mower.
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 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 taking into account 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 have therefore made an order for immediate termination and possession.
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee.

Tenancy Tribunal case 4999048 — Harassment at Flat 8, 6A Durie Street, Durie Hill, Whanganui 4500

At a glance

Tenancy Tribunal case 4999048 — Harassment at Flat 8, 6A Durie Street, Durie Hill, Whanganui 4500

At a glance

Claims & awards

Order

Reasons

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Key findings

Property management

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Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions