What was the outcome of Tenancy Tribunal case 5129985?

The tribunal order states: The tenancy of Chuma Namukaba Chembe at Unit/Flat Unit 717, 139B Greys

How much money was awarded in case 5129985?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5129985?

The primary dispute was 14-day notice. Related themes: Harassment.

Where can I read the official tribunal order for case 5129985?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11359397-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5129985?

The tribunal order states: The tenancy of Chuma Namukaba Chembe at Unit/Flat Unit 717, 139B Greys

How much money was awarded in case 5129985?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5129985?

The primary dispute was 14-day notice. Related themes: Harassment.

Where can I read the official tribunal order for case 5129985?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11359397-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 717, 139B Greys Avenue, Auckland Central, Tenancy Tribunal Case 5129985 — 14-day notice

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Reasons

The landlord attended the hearing which was held by teleconference. The tenant was unable to be contacted on the number specified in the Notice of Hearing.

The landlord has applied for termination of the tenancy.

The landlord has issued breach notices to the tenant on 16 December 2024 and 27 December 2024 for alleged disruptive behaviour.

Anti-social behaviour notices were issued on 19 July 2024, 20 November 2024 and 30 December 2024 alleging abusive and threatening behaviour.

This application seeks termination of the tenancy under s.55(1)(c) which provides that: “(1) ...the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that — (c) the tenant has assaulted, or has threatened to assault....... (iii) any agent of the landlord...(iv) any occupier of any building of which the premises constitute a part: (v) any neighbour of the premises or of any building of which the premises constitute a part.

Should the tenancy be terminated?

The Tribunal exercises a civil jurisdiction. It requires that the facts on which the application is based be proved on the balance of probabilities (more likely than not) rather than beyond reasonable doubt. Where, as here, criminal behaviour is alleged, there needs to be a solid evidential foundation to find the allegations proved.

The landlord has provided video evidence of an incident outside the premises the tenancy is located, Te Matawai, on 27 December 2024, which shows a person, who I am satisfied is the tenant, yelling and spitting at another resident. The tenant attempted to punch that other resident. Te Matawai staff intervened and the tenant went back inside. While in the reception area the other resident said something to the tenant to which the tenant responded by charging at the other resident. One of the Te Matawai staff stood in the way. The tenant pushed, punched at and kicked the staff member.

Witness statements have been provided by the two Te Matawai staff members involved confirming those events.

The landlord says that the incident has been referred the police but it is not known what, if any, charges will be laid.

It appears likely that the situation was escalated by provocation from the other resident. Nevertheless, the evidence satisfies me, on the balance of probabilities, that the tenant did threaten to and did assault that other resident and the Te Matawai staff member.

That being so, the Tribunal must make an Order terminating the tenancy unless, in terms of s.55(2), 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 of a kind to which this section applies.”

The breach is not capable of remedy and the evidence does not provide a basis for finding that further such breaches are unlikely.

The grounds have been established and the tenancy must be terminated.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant was unable to be contacted on the number specified in the Notice of Hearing.

The landlord has applied for termination of the tenancy.

The landlord has issued breach notices to the tenant on 16 December 2024 and 27 December 2024 for alleged disruptive behaviour.

Anti-social behaviour notices were issued on 19 July 2024, 20 November 2024 and 30 December 2024 alleging abusive and threatening behaviour.

Should the tenancy be terminated?

Witness statements have been provided by the two Te Matawai staff members involved confirming those events.

The landlord says that the incident has been referred the police but it is not known what, if any, charges will be laid.

The breach is not capable of remedy and the evidence does not provide a basis for finding that further such breaches are unlikely.

The grounds have been established and the tenancy must be terminated.

Tenancy Tribunal case 5129985 — 14-day notice at Unit/Flat Unit 717, 139B Greys Avenue, Auckland Central,

At a glance

Tenancy Tribunal case 5129985 — 14-day notice at Unit/Flat Unit 717, 139B Greys Avenue, Auckland Central,

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Key findings

Frequently asked questions