What was the outcome of Tenancy Tribunal case 5134068?

The tribunal order states: The tenancy of Khan John Ngaere Rawiri at Flat 3, 158 Stanmore Road,

How much money was awarded in case 5134068?

e owner, at 11:59pm on 9 March 2024.…: $27.00 awarded to landlord

What type of tenancy dispute was case 5134068?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5134068?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11465260-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5134068?

The tribunal order states: The tenancy of Khan John Ngaere Rawiri at Flat 3, 158 Stanmore Road,

How much money was awarded in case 5134068?

e owner, at 11:59pm on 9 March 2024.…: $27.00 awarded to landlord

What type of tenancy dispute was case 5134068?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5134068?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11465260-Tenancy_Tribunal_Order.pdf.

Flat 3, 158 Stanmore Road, Linwood, Christchurch 8011 Tenancy Tribunal Case 5134068 — 14-day notice

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Order

Claims and awards in Tenancy Tribunal application 5134068. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
e owner, at 11:59pm on 9 March 2024. 2. Khan John Ngaere Rawiri to pay Diane Astle Realty Limited - as agent for the own	$27.00		e owner, at 11:59pm on 9 March 2024. 2. Khan John Ngaere Rawiri to pay Diane Astle Realty Limited - as agent for the own

The tenancy of Khan John Ngaere Rawiri at Flat 3, 158 Stanmore Road, Linwood, Christchurch 8011 is terminated, and possession is granted to Diane Astle Realty Limited - as agent for the owner, at 11:59pm on 9 March 2024.

Khan John Ngaere Rawiri to pay Diane Astle Realty Limited - as agent for the owner $27.00 immediately for the filing fee.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

The tenant has breached their obligations by causing or permitting interference with the reasonable peace and comfort of other people residing in the neighbourhood, through the constant playing of loud music.

The landlord served 14-day notices on the tenant on 9 December 2024, 10 January 2025, 13 January 2025, 30 January 2025 and 10 February 2025, and the tenant did not remedy the breach within the required period listed in each of the notices, although I note the 10 February 2025 notice has not yet expired.

The landlord has received numerous phone calls and texts from the neighbours around the tenancy address alleging that the tenant is playing extremely loud music at all hours of the day and night, which is upsetting and disturbing their living. This includes shift workers and families with very young children. After one such complaint, the landlord had driven to the road to determine the volume of the music and was able to hear it clearly from the street. When neighbours had asked the tenant to turn the music down, he had become aggressive and there are allegations of unlawful acts by the tenant.

The tenant claims that he didn’t know he couldn’t play loud music during the day, and that he had updated his email address in December 2024, so hadn’t received all the notices. However, the evidence shows he had received the notice on 30 January 2024 after updating his email address. In any event, it is the tenant’s responsibility to ensure their contact details are up to date, so the landlord has the correct contact details for any communications.

It would be inequitable to refuse to terminate the tenancy due to the number of notices that have been issued, and the significant evidence that has been provided by the neighbouring properties on the loud music and the impact it is having on their daily lives.

The tenancy is terminated. The possession date is fixed for 9 March 2025 to enable the tenant time to find a new property.

Because Diane Astle Realty Limited - as agent for the owner has wholly succeeded with the claim I must reimburse the filing fee.

The tenant sought name suppression, however, there is insufficient evidence that the interests of the tenant outweigh the public interest of publication, particularly as the details of any irrelevant personal evidence of the tenant have been excluded in the analysis within this decision. R Harvey-Lane 21 February 2025

Order

Claims and awards in Tenancy Tribunal application 5134068. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
e owner, at 11:59pm on 9 March 2024. 2. Khan John Ngaere Rawiri to pay Diane Astle Realty Limited - as agent for the own	$27.00		e owner, at 11:59pm on 9 March 2024. 2. Khan John Ngaere Rawiri to pay Diane Astle Realty Limited - as agent for the own

Khan John Ngaere Rawiri to pay Diane Astle Realty Limited - as agent for the owner $27.00 immediately for the filing fee.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

The tenancy is terminated. The possession date is fixed for 9 March 2025 to enable the tenant time to find a new property.

Because Diane Astle Realty Limited - as agent for the owner has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5134068 — 14-day notice at Flat 3, 158 Stanmore Road, Linwood, Christchurch 8011

At a glance

Tenancy Tribunal case 5134068 — 14-day notice at Flat 3, 158 Stanmore Road, Linwood, Christchurch 8011

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions