What was the outcome of Tenancy Tribunal case 5179632?

The tribunal order states: The tenancy of Brian James Hardcastle is terminated and possession of the

How much money was awarded in case 5179632?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5179632?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5179632?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11583538-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5179632?

The tribunal order states: The tenancy of Brian James Hardcastle is terminated and possession of the

How much money was awarded in case 5179632?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5179632?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5179632?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11583538-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 12 Stanwell Street, Parnell, Auckland 1052 Tenancy Tribunal Case 5179632 — 14-day notice

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Reasons

Only the applicant Representative attended the hearing. The tenant did not join the meeting. I am satisfied that he had been served with notice of the hearing. The hearing therefore proceeded in his absence.

The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds that the tenant has assaulted a neighbouring Kainga Ora tenant (Section 55(1)(c) (iv) and (v).

The landlord states that the assault occurred on 24 January 2025.

The evidence confirms that the assault victim also lives in an apartment at 12 Stanwell Street. Mr Hardcastle had been visiting the victim of the assault on that afternoon and the altercation occurred because he would not leave when asked to do so.

The Police and ambulance reports confirm that Mr Hardcastle seriously assaulted the victim who was hospitalised with serious injuries and continues to suffer ongoing symptoms from the multiple injuries sustained. The assault included punches to the face and head that caused the victim to fall.

The wording of s 55(1) is sufficiently mandatory that the Tribunal has no discretion in situations like this. The Tribunal MUST make the order terminating the tenancy if satisfied that the assault has occurred as outlined.

The applicant representative confirmed that Mr Hardcastle is remanded in prison, facing criminal charges because of the incident and his bail applications have not been successful. His next appearance is not until 30 April 2025. By that time, he would also be in breach of his obligation to personally occupy the premises, but that venue has not been pursued.

I have determined that the landlord has established that Mr Hardcastle has seriously assaulted an occupant of the building premises.

I consider it would not be unfair to terminate the tenancy taking into account the serious circumstances of the assault, the evidence confirming both that it occurred, and that Mr Hardcastle was the perpetrator.

The applicant representative confirmed that Mr Hardcastle’s family will now be asked to assist with collecting his possessions. The goods will be stored for Mr Hardcastle if appropriate arrangements cannot be made.

No request was made for reimbursement of the filing fee or name suppression.

Reasons

The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds that the tenant has assaulted a neighbouring Kainga Ora tenant (Section 55(1)(c) (iv) and (v).

The landlord states that the assault occurred on 24 January 2025.

I have determined that the landlord has established that Mr Hardcastle has seriously assaulted an occupant of the building premises.

No request was made for reimbursement of the filing fee or name suppression.

Tenancy Tribunal case 5179632 — 14-day notice at Unit/Flat 4, 12 Stanwell Street, Parnell, Auckland 1052

At a glance

Tenancy Tribunal case 5179632 — 14-day notice at Unit/Flat 4, 12 Stanwell Street, Parnell, Auckland 1052

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