What was the outcome of Tenancy Tribunal case 5155256?

The tribunal order states: The tenancy of Ethan Daniel Bowden at Unit/Flat 801, 139C Greys Avenue,

How much money was awarded in case 5155256?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5155256?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5155256?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11449245-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5155256?

The tribunal order states: The tenancy of Ethan Daniel Bowden at Unit/Flat 801, 139C Greys Avenue,

How much money was awarded in case 5155256?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5155256?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5155256?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11449245-Tenancy_Tribunal_Order.pdf.

Unit/Flat 801, 139C Greys Avenue, Auckland Central, Tenancy Tribunal Case 5155256 — 14-day notice

Reasons

Both parties attended the hearing by telephone.

The landlord’s application is for termination of the tenancy under section 55(1)(c)(iv) Residential Tenancy Act 1986 (“RTA”) on the basis that the tenant has assaulted an occupier of the building of which the tenant’s premises constitute a part (‘the complex”). The evidence

The landlord gave evidence as follows: a. The tenant headbutted another resident in the lift at the complex on 29 June 2024. A breach notice was issued to the tenant in relation to this incident on 8 July 2024. b. On 16 October 2024 the tenant and another person used a mini crowbar to attempt to break into another property in the complex. A breach notice was issued to the tenant and the police called who issued a warning. c. On 11 January 2025 the tenant pushed then punched another occupant of the complex. Video evidence of this incident was supplied clearly showing the assault. A breach notice was issued on 15 January 2025.

The tenant responsibly accepted that these incidents had occurred and apologised. Discussion and decision

Section 55(1)(c) RTA provides that on any application made to it under this section by the landlord, the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that the tenant has assaulted any occupier of the complex in which the tenant’s premises are situated.

The Tribunal may refuse to make the order sought by the landlord if 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 section 55 RTA applies. See section 55(2) RTA.

The High Court has determined that while an assault cannot be undone or remedied, the Tribunal retains the power to refuse to make an order terminating the tenancy if it is satisfied that the landlord has been compensated for any loss arising from the breach and it is unlikely that the tenant will repeat the behaviour.

In these circumstances, the landlord has not suffered any loss for which the tenant should pay compensation.

The Tribunal has determined that it is appropriate to terminate the tenancy for the following reasons: a. This is the second assault the tenant has committed within a six-month period. The tenant has also tried to break into another apartment within the complex in the same period. b. These three breaches have been committed intentionally. c. The landlord has responded to each breach appropriately and clearly prevented the incident on 11 January 2025 from escalating. d. While the Tribunal appreciates that living in a large complex is difficult, it is not an excuse for engaging in violent behaviour. Indeed, it is also a reason why such behaviour should not be tolerated. e. Assault is a serious matter which has a direct impact not just on the person assaulted, but also the living environment of the others living in the complex. f. The Tribunal is not satisfied that the tenant will not repeat the behaviour given that there has been a prior assault. g. Termination is an appropriate and proportionate response to a tenant who assaults another tenant in the complex.

Order

The tenancy of Ethan Daniel Bowden at Unit/Flat 801, 139C Greys Avenue, Auckland Central, Auckland 1010 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 5 pm Tuesday 25 February 2025.

Reasons

Both parties attended the hearing by telephone.
The landlord’s application is for termination of the tenancy under section 55(1)(c)(iv) Residential Tenancy Act 1986 (“RTA”) on the basis that the tenant has assaulted an occupier of the building of which the tenant’s premises constitute a part (‘the complex”). The evidence
The landlord gave evidence as follows: a. The tenant headbutted another resident in the lift at the complex on 29 June 2024. A breach notice was issued to the tenant in relation to this incident on 8 July 2024. b. On 16 October 2024 the tenant and another person used a mini crowbar to attempt to break into another property in the complex. A breach notice was issued to the tenant and the police called who issued a warning. c. On 11 January 2025 the tenant pushed then punched another occupant of the complex. Video evidence of this incident was supplied clearly showing the assault. A breach notice was issued on 15 January 2025.
The tenant responsibly accepted that these incidents had occurred and apologised. Discussion and decision
Section 55(1)(c) RTA provides that on any application made to it under this section by the landlord, the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that the tenant has assaulted any occupier of the complex in which the tenant’s premises are situated.
The Tribunal may refuse to make the order sought by the landlord if 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 section 55 RTA applies. See section 55(2) RTA.
The High Court has determined that while an assault cannot be undone or remedied, the Tribunal retains the power to refuse to make an order terminating the tenancy if it is satisfied that the landlord has been compensated for any loss arising from the breach and it is unlikely that the tenant will repeat the behaviour.
In these circumstances, the landlord has not suffered any loss for which the tenant should pay compensation.
The Tribunal has determined that it is appropriate to terminate the tenancy for the following reasons: a. This is the second assault the tenant has committed within a six-month period. The tenant has also tried to break into another apartment within the complex in the same period. b. These three breaches have been committed intentionally. c. The landlord has responded to each breach appropriately and clearly prevented the incident on 11 January 2025 from escalating. d. While the Tribunal appreciates that living in a large complex is difficult, it is not an excuse for engaging in violent behaviour. Indeed, it is also a reason why such behaviour should not be tolerated. e. Assault is a serious matter which has a direct impact not just on the person assaulted, but also the living environment of the others living in the complex. f. The Tribunal is not satisfied that the tenant will not repeat the behaviour given that there has been a prior assault. g. Termination is an appropriate and proportionate response to a tenant who assaults another tenant in the complex.

Tenancy Tribunal case 5155256 — 14-day notice at Unit/Flat 801, 139C Greys Avenue, Auckland Central,

At a glance

Tenancy Tribunal case 5155256 — 14-day notice at Unit/Flat 801, 139C Greys Avenue, Auckland Central,

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