What was the outcome of Tenancy Tribunal case 5033111?

The tribunal order states: The tenancy of Chance Aroha Ponamu McCallum at Unit/Flat 3, 278 Gloucester

How much money was awarded in case 5033111?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5033111?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5033111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11001182-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5033111?

The tribunal order states: The tenancy of Chance Aroha Ponamu McCallum at Unit/Flat 3, 278 Gloucester

How much money was awarded in case 5033111?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5033111?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5033111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11001182-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 278 Gloucester Street, Christchurch Central, Tenancy Tribunal Case 5033111 — Harassment

Order

The tenancy of Chance Aroha Ponamu McCallum at Unit/Flat 3, 278 Gloucester Street, Christchurch Central, Christchurch 8011 is terminated, and possession is granted to Kāinga Ora–Homes And Communities Susan Rea, at 11.59 am on Friday 1 November 2024.

The landlord is to deliver a copy of this notice to the tenant by no later than 2pm on Tuesday 29 October 2024.

Reasons

The landlord attended the video hearing.

The tenant did not attend the video hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing has been given to the tenant.

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. The tenanted premises are sited directly across the road form a primary school. On each of the three occasions specified in the notices the tenant has yelled offensive, threatening and abusive language at students and parents of the nearby school. On one occasion the tenant banged her closed fist on a vehicle window where a young toddler and a parent were trying to leave the school. The young students and their parents were frightened as a result.

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 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.

The tenancy is terminated.

Order

The tenancy of Chance Aroha Ponamu McCallum at Unit/Flat 3, 278 Gloucester Street, Christchurch Central, Christchurch 8011 is terminated, and possession is granted to Kāinga Ora–Homes And Communities Susan Rea, at 11.59 am on Friday 1 November 2024.
The landlord is to deliver a copy of this notice to the tenant by no later than 2pm on Tuesday 29 October 2024.

Reasons

The landlord attended the video hearing.
The tenant did not attend the video hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing has been given to the tenant.
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. The tenanted premises are sited directly across the road form a primary school. On each of the three occasions specified in the notices the tenant has yelled offensive, threatening and abusive language at students and parents of the nearby school. On one occasion the tenant banged her closed fist on a vehicle window where a young toddler and a parent were trying to leave the school. The young students and their parents were frightened as a result.
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 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.
The tenancy is terminated.

Tenancy Tribunal case 5033111 — Harassment at Unit/Flat 3, 278 Gloucester Street, Christchurch Central,

At a glance

Tenancy Tribunal case 5033111 — Harassment at Unit/Flat 3, 278 Gloucester Street, Christchurch Central,

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions