What was the outcome of Tenancy Tribunal case 5008888?

The tribunal order states: The tenancy of April Shondell Tauariki at Unit/Flat 2, 1 Antalya Place,

How much money was awarded in case 5008888?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5008888?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5008888?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10894859-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5008888?

The tribunal order states: The tenancy of April Shondell Tauariki at Unit/Flat 2, 1 Antalya Place,

How much money was awarded in case 5008888?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5008888?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5008888?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10894859-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 1 Antalya Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 5008888 — 14-day notice

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Reasons

Both parties attended the hearing. The tenant attended by video. The landlord attended by telephone.

The landlord has applied for termination of the tenancy on the grounds that the tenant, April Shondell Tauariki, has assaulted an occupier of one of the other units at 1 Antalya Place, Manurewa.

Should the tenancy be terminated?

Section 55(1)(c) of the Residential Tenancies Act 1986 (‘RTA’) provides that the Tribunal shall make an order terminating the tenancy if satisfied that the tenant has assaulted or has threatened to assault persons referred to in the section which includes the landlord or any member of the landlord’s family, any agent of the landlord, any occupier of any building of which the premises constitute part, or any neighbour of the premises.

The issue for determination is whether Ms Tauariki assaulted the occupier of one of the other units in the building where her unit is located.

The incident occurred on 1 September 2024. The victim of the assault is the son of another tenant at 1 Antalya Place, Manurewa. While the tenant says that he should not be living there the reality is that he does and according to Ms Tauariki he has lived there for six years.

Ms Tauariki and the victim had been drinking and then there was a disagreement between them. Ms Tauariki said that the victim assaulted her. She said that family members of the victim, who are also occupiers at the address, assaulted her as well. This led to Ms Tauariki picking up a knife and stabbing the victim.

The landlord has produced photographs of the blood from the victim around the area where the assault occurred.

Ms Tauariki was arrested because of the incident. She is currently on bail at another address.

Ms Tauariki has acknowledged that she assaulted the victim and says that she is sorry for what occurred, but she was trying to protect herself.

I am satisfied that there is sufficient evidence that Ms Tauariki has assaulted the occupier of one of the other units of the building where the tenancy is located and as such the grounds have been established to terminate the tenancy under s55(1)(c).

The next issue is whether there is a reason to refuse to terminate the tenancy under section 55(2) RTA. The Tribunal may refuse to make an order if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy); the landlord has been compensated for any loss arising from the breach and it is unlikely that the tenant will commit any further breach.

An assault once made cannot be remedied. Regarding compensation for any loss suffered, that is not a relevant question here, which leaves the last issue; Is Ms Tauariki likely to commit assault again? While Ms Tauariki is taking steps to address issues which led to the assault, I am not satisfied that Ms Tauariki will not behave in such a manner again and I find there is no reason to refuse to make the termination order.

Reasons

Both parties attended the hearing. The tenant attended by video. The landlord attended by telephone.

The landlord has applied for termination of the tenancy on the grounds that the tenant, April Shondell Tauariki, has assaulted an occupier of one of the other units at 1 Antalya Place, Manurewa.

Should the tenancy be terminated?

The issue for determination is whether Ms Tauariki assaulted the occupier of one of the other units in the building where her unit is located.

The landlord has produced photographs of the blood from the victim around the area where the assault occurred.

Ms Tauariki was arrested because of the incident. She is currently on bail at another address.

Ms Tauariki has acknowledged that she assaulted the victim and says that she is sorry for what occurred, but she was trying to protect herself.

Tenancy Tribunal case 5008888 — 14-day notice at Unit/Flat 2, 1 Antalya Place, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5008888 — 14-day notice at Unit/Flat 2, 1 Antalya Place, Manurewa, Auckland 2102

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions