What was the outcome of Tenancy Tribunal case 5133018?

The tribunal order states: The tenancy of Sharlene Poa at 21 Brookland Road, Western Heights, Rotorua

How much money was awarded in case 5133018?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5133018?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5133018?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11399238-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5133018?

The tribunal order states: The tenancy of Sharlene Poa at 21 Brookland Road, Western Heights, Rotorua

How much money was awarded in case 5133018?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5133018?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5133018?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11399238-Tenancy_Tribunal_Order.pdf.

21 Brookland Road, Western Heights, Rotorua 3015 Tenancy Tribunal Case 5133018 — Harassment

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Reasons

Both parties attended the hearing by telephone.

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 loud arguing and disturbance to the neighbours from the property.

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. The tenant confirmed and was extremely apologetic to all concerned given the behaviour of a person visiting the property.

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. The landlord has allowed the tenant a month to find alternative accommodation, agreeing to the termination notice to take effect on the 5 th March.

I cannot consider the impact on the tenant, in making an order for termination of the tenancy.

Reasons

Both parties attended the hearing by telephone.

The landlord states that the anti-social behaviour is the loud arguing and disturbance to the neighbours from the property.

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. The tenant confirmed and was extremely apologetic to all concerned given the behaviour of a person visiting the property.

I cannot consider the impact on the tenant, in making an order for termination of the tenancy.

Tenancy Tribunal case 5133018 — Harassment at 21 Brookland Road, Western Heights, Rotorua 3015

At a glance

Tenancy Tribunal case 5133018 — Harassment at 21 Brookland Road, Western Heights, Rotorua 3015

At a glance

Claims & awards

Order

Reasons

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Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions