What was the outcome of Tenancy Tribunal case 5007948?

The tribunal order states: The tenancy of Caroline Tumundo at Unit 22, 12 Kirton Crescent, Manurewa

How much money was awarded in case 5007948?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5007948?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5007948?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10902928-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5007948?

The tribunal order states: The tenancy of Caroline Tumundo at Unit 22, 12 Kirton Crescent, Manurewa

How much money was awarded in case 5007948?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5007948?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5007948?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10902928-Tenancy_Tribunal_Order.pdf.

Unit/Flat 22, 12 Kirton Crescent, Manurewa, Auckland 2102 Tenancy Tribunal Case 5007948 — Harassment

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 verbal abuse and threatening behaviour while intoxicated, scratching, and egging a car belonging to a neighbour, indecent exposure while grossly intoxicated.

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 landlord has served the tenant with three separate anti-social notices relating to incidents on 12 August 2024, 14 August 2024, and 2 September 2024. These notices describe the anti-social behaviour, time date and nature of the incident.

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.

The landlord described the feelings of concern and stress on other residents of the village. This is a social housing facility that has 65 units and caterers for residents over the age of 65 years. The Community manager for the village stated that some residents were traumatised by the incident of 2 September 2024.

The tenant does not deny any of the allegations made about her behaviour when she was intoxicated. The landlord has tried to offer the tenant help through other community agencies, but reluctantly accepts the application before the Tribunal today is necessary.

I have taken into account 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 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. However, I wish the tenant well in her future.

The tenancy is terminated at 11.59pm on Wednesday 30 th October 2024.

Order

The tenancy of Caroline Tumundo at Unit 22, 12 Kirton Crescent, Manurewa is terminated, and possession is granted to Haumaru Housing Limited Partnership at 11.59pm on Wednesday 30 October 2024.

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 verbal abuse and threatening behaviour while intoxicated, scratching, and egging a car belonging to a neighbour, indecent exposure while grossly intoxicated.
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 landlord has served the tenant with three separate anti-social notices relating to incidents on 12 August 2024, 14 August 2024, and 2 September 2024. These notices describe the anti-social behaviour, time date and nature of the incident.
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.
The landlord described the feelings of concern and stress on other residents of the village. This is a social housing facility that has 65 units and caterers for residents over the age of 65 years. The Community manager for the village stated that some residents were traumatised by the incident of 2 September 2024.
The tenant does not deny any of the allegations made about her behaviour when she was intoxicated. The landlord has tried to offer the tenant help through other community agencies, but reluctantly accepts the application before the Tribunal today is necessary.
I have taken into account 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 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. However, I wish the tenant well in her future.
The tenancy is terminated at 11.59pm on Wednesday 30 th October 2024.

Tenancy Tribunal case 5007948 — Harassment at Unit/Flat 22, 12 Kirton Crescent, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5007948 — Harassment at Unit/Flat 22, 12 Kirton Crescent, Manurewa, Auckland 2102

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions