What was the outcome of Tenancy Tribunal case 5142748?

The tribunal order states: The tenancy of Leonie Chanell Mcroy at Unit/Flat 70, 736 Great North Road,

How much money was awarded in case 5142748?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5142748?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5142748?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11412555-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5142748?

The tribunal order states: The tenancy of Leonie Chanell Mcroy at Unit/Flat 70, 736 Great North Road,

How much money was awarded in case 5142748?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5142748?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5142748?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11412555-Tenancy_Tribunal_Order.pdf.

Unit/Flat 70, 736 Great North Road, Western Springs, Tenancy Tribunal Case 5142748 — 14-day notice

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Reasons

The landlord attended today’s video hearing. The tenant did not attend by video. The tenant was called on both cell phone numbers provided and all calls went straight to answerphone.

I am satisfied that the tenant has been given an opportunity to attend today’s hearing but has chosen not to attend and therefore I have proceeded in her absence.

The landlord has applied for termination of the tenancy under Sections 55 and 56 of the Residential Tenancies Act 1986 on the grounds that: a. the tenant has assaulted or threatened to assault her neighbour who is another tenant in the building. b. The tenant has caused substantial damage to the building.

Section 55 RTA requires the Tribunal to terminate a tenancy upon application by the landlord if: (1) (b) the tenant has caused, or has permitted any other person to cause, or has threatened to cause, substantial damage to the premises; or (1) (c) the tenant has assaulted, or has threatened to assault, or has caused or permitted any person to assault, or to threaten to assault, a neighbour in the building where the tenant resides.

I have reviewed CCTV footage captured in the entrance way of the building on the 10 January 2025. I have also read the witness statement by the tenant’s neighbour and have today received evidence from the Housing Manager. I am satisfied that on the 10 January the tenant: a. Assaulted her neighbour, who also lives in the building, by throwing glass at him, attempting to stab him with a screwdriver, throwing an object through the glass door at him, which resulted in the glass door shattering on the neighbour and pushing and kicking at the neighbour. b. By smashing the window of the building with an object to gain entry to the building, damaging the door by pushing on it. Breaking the glass door bottom pane by kicking it and breaking the glass door top pane by throwing something through it.

I therefore terminate the tenancy under s55 RTA. Possession order may be carried immediately.

Usually, a possession order cannot be enforced (an eviction actioned) until 48 hours after the order is made. However, I can grant leave for the order to be enforced immediately; see section 138(1) of the District Court Act 2016. Section 106(2) RTA states that s 138(1) applies as if the reference to a District Court Judge, were a reference to a Tenancy Adjudicator.

The landlord may make an immediate application for an eviction warrant to have bailiff and/or police assistance to obtain possession, if required. Name suppression.

The landlord sought name suppression for the tenant. The default position for all Tribunal orders is that they are published with the parties’ names. A successful party can seek non- publication of their name. The tenant is not the successful party and therefore has no automatic right to name suppression.

I do not grant name suppression to the tenant. It is in the public interest to know the names of tenants who damage Kāinga Ora’s property, and who assault their neighbours.

Reasons

The landlord attended today’s video hearing. The tenant did not attend by video. The tenant was called on both cell phone numbers provided and all calls went straight to answerphone.

I am satisfied that the tenant has been given an opportunity to attend today’s hearing but has chosen not to attend and therefore I have proceeded in her absence.

I therefore terminate the tenancy under s55 RTA. Possession order may be carried immediately.

The landlord may make an immediate application for an eviction warrant to have bailiff and/or police assistance to obtain possession, if required. Name suppression.

I do not grant name suppression to the tenant. It is in the public interest to know the names of tenants who damage Kāinga Ora’s property, and who assault their neighbours.

Tenancy Tribunal case 5142748 — 14-day notice at Unit/Flat 70, 736 Great North Road, Western Springs,

At a glance

Tenancy Tribunal case 5142748 — 14-day notice at Unit/Flat 70, 736 Great North Road, Western Springs,

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions