How much money was awarded in case 5188912?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5188912?

The primary dispute was 14-day notice. Related themes: Harassment.

Where can I read the official tribunal order for case 5188912?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11597446-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5188912?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5188912?

The primary dispute was 14-day notice. Related themes: Harassment.

Where can I read the official tribunal order for case 5188912?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11597446-Tenancy_Tribunal_Order.pdf.

3 Knightsbridge Lane, Aranui, Christchurch 8061 Tenancy Tribunal Case 5188912 — 14-day notice

Q: What was the outcome of Tenancy Tribunal case 5188912?

The tribunal order states: The tenancy of James Williams (now known as Blair Gibson) at 3 Knightsbridge

Order

The tenancy of James Williams (now known as Blair Gibson) at 3 Knightsbridge Lane, Aranui, Christchurch 8061 is terminated, and possession is granted to Otautahi Community Housing Trust, at 4pm on Wednesday, 19 March 2025.

James Williams (now known as Blair Gibson) must pay Otautahi Community Housing Trust $27.00 immediately, being the filing fee on this application.

Reasons

Representatives of the landlord attended the hearing, with witnesses.

Shortly before the hearing, the tenant applied for an adjournment. The landlord opposed the adjournment, and the request was declined.

The Tribunal replied to the tenant’s adjournment request asking whether he could attend the hearing by telephone. He did not answer the question but replied with an up-to-date telephone number. The Tribunal called the tenant during the hearing and asked whether he would like to participate by telephone. He declined.

The landlord has applied for termination of the tenancy for an assault on another tenant. The alleged incident occurred on 22 December 2024.

Section 55(1)(c) of the Residential Tenancies Act provides that the Tribunal shall terminate the tenancy if the tenant has assaulted or has threatened to assault any occupier of any building of which the premises constitute a part or any neighbour of the premises or of any building of which the premises constitute a part.

The law is clear that the Tribunal must terminate the tenancy if the landlord proves that it is more likely than not that the tenant has assaulted another tenant at this social housing complex. 1 See Collins v Housing New Zealand, High Court Christchurch, CIV –2004 – 409 – 717, 2 July 2004.

Assault is defined in section 2(1) of the Crimes Act 1961, as the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has the present ability to effect his purpose.

The landlord’s witnesses gave evidence of an incident which occurred on 22 December 2024 whereby the tenant punched another tenant multiple times in the head and face. The other tenant required hospital treatment and charges have been laid. The landlord provided evidence of the injuries and of the charges which are currently before the criminal court.

The tenant sent an email to the Tribunal before the hearing, claiming that he was acting in self-defence and asking the Tribunal to consider underlying health issues. I put the tenant’s version of events to the landlord’s witnesses, all of whom rejected what the tenant said. While I did not have the benefit of hearing from the tenant in person or by telephone, I did hear from the victim and other witnesses. I am satisfied that it is more likely than not that the assault was unprovoked. I do not accept the submission that the tenant was acting in self- defence.

Significantly, the tenant’s email records that he hit and punched the other tenant. That is, even on the tenant’s own version of events, he assaulted the other person, and I am required to terminate the tenancy. I have made an order accordingly.

As the landlord was the successful party, I have awarded reimbursement of the Tribunal application fee. R Morgan 1 There is a very limited discretion to refuse termination under s55(2) but none of those criteria apply in this instance. 19 March 2025

Order

The tenancy of James Williams (now known as Blair Gibson) at 3 Knightsbridge Lane, Aranui, Christchurch 8061 is terminated, and possession is granted to Otautahi Community Housing Trust, at 4pm on Wednesday, 19 March 2025.
James Williams (now known as Blair Gibson) must pay Otautahi Community Housing Trust $27.00 immediately, being the filing fee on this application.

Reasons

Representatives of the landlord attended the hearing, with witnesses.
Shortly before the hearing, the tenant applied for an adjournment. The landlord opposed the adjournment, and the request was declined.
The Tribunal replied to the tenant’s adjournment request asking whether he could attend the hearing by telephone. He did not answer the question but replied with an up-to-date telephone number. The Tribunal called the tenant during the hearing and asked whether he would like to participate by telephone. He declined.
The landlord has applied for termination of the tenancy for an assault on another tenant. The alleged incident occurred on 22 December 2024.
Section 55(1)(c) of the Residential Tenancies Act provides that the Tribunal shall terminate the tenancy if the tenant has assaulted or has threatened to assault any occupier of any building of which the premises constitute a part or any neighbour of the premises or of any building of which the premises constitute a part.
The law is clear that the Tribunal must terminate the tenancy if the landlord proves that it is more likely than not that the tenant has assaulted another tenant at this social housing complex. 1 See Collins v Housing New Zealand, High Court Christchurch, CIV –2004 – 409 – 717, 2 July 2004.
Assault is defined in section 2(1) of the Crimes Act 1961, as the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has the present ability to effect his purpose.
The landlord’s witnesses gave evidence of an incident which occurred on 22 December 2024 whereby the tenant punched another tenant multiple times in the head and face. The other tenant required hospital treatment and charges have been laid. The landlord provided evidence of the injuries and of the charges which are currently before the criminal court.
The tenant sent an email to the Tribunal before the hearing, claiming that he was acting in self-defence and asking the Tribunal to consider underlying health issues. I put the tenant’s version of events to the landlord’s witnesses, all of whom rejected what the tenant said. While I did not have the benefit of hearing from the tenant in person or by telephone, I did hear from the victim and other witnesses. I am satisfied that it is more likely than not that the assault was unprovoked. I do not accept the submission that the tenant was acting in self- defence.
Significantly, the tenant’s email records that he hit and punched the other tenant. That is, even on the tenant’s own version of events, he assaulted the other person, and I am required to terminate the tenancy. I have made an order accordingly.
As the landlord was the successful party, I have awarded reimbursement of the Tribunal application fee. R Morgan 1 There is a very limited discretion to refuse termination under s55(2) but none of those criteria apply in this instance. 19 March 2025

Tenancy Tribunal case 5188912 — 14-day notice at 3 Knightsbridge Lane, Aranui, Christchurch 8061

At a glance

Tenancy Tribunal case 5188912 — 14-day notice at 3 Knightsbridge Lane, Aranui, Christchurch 8061

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions