What was the outcome of Tenancy Tribunal case 5165857?

The tribunal order states: The tenancy of Selina Pat Baxter at Unit/Flat 202, 62 Hendon Avenue, Mount

How much money was awarded in case 5165857?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5165857?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5165857?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11534771-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5165857?

The tribunal order states: The tenancy of Selina Pat Baxter at Unit/Flat 202, 62 Hendon Avenue, Mount

How much money was awarded in case 5165857?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5165857?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5165857?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11534771-Tenancy_Tribunal_Order.pdf.

Unit/Flat 202, 62 Hendon Avenue, Mount Albert, Auckland Tenancy Tribunal Case 5165857 — 14-day notice

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Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy on the basis that the tenant has assaulted another person at the apartment complex where the tenant lives.

Should the tenancy be terminated?

The Tribunal shall terminate a tenancy where the tenant has assaulted, or has threatened to assault, or has caused or permitted any person to assault, or to threaten to assault, any of the following persons: i.The landlord or any member of the landlord’s family: ii.The owner of the premises or any member of the owner’s family: 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. 1

The Tribunal may refuse to make an order under subsection (1) if, but only 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 this section applies. 2

In this case I find the tenant has assaulted a neighbour. In reaching that conclusion I have considered the video evidence and the Police statement of the victim.

At the hearing the tenant expressed her regret but did not deny that she assaulted the other person.

In relation to section 55(2) the breach is not capable of remedy, and I am not satisfied that it is unlikely that the tenant will commit a further breach of a kind to which section 55 applies. I have had regard to the history of incidents involving the tenant during her tenancy. I refer to an earlier assault against the same victim in December 2023 where the tenant said she received a sentence of seven months’ probation.

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

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy on the basis that the tenant has assaulted another person at the apartment complex where the tenant lives.

Should the tenancy be terminated?

In this case I find the tenant has assaulted a neighbour. In reaching that conclusion I have considered the video evidence and the Police statement of the victim.

At the hearing the tenant expressed her regret but did not deny that she assaulted the other person.

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

Tenancy Tribunal case 5165857 — 14-day notice at Unit/Flat 202, 62 Hendon Avenue, Mount Albert, Auckland

At a glance

Tenancy Tribunal case 5165857 — 14-day notice at Unit/Flat 202, 62 Hendon Avenue, Mount Albert, Auckland

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions