Published tribunal order
Tenancy Tribunal case 5197777 — 14-day notice at Unit/Flat 7, 163 Queen Street, Auckland Central, Auckland
Decided 26 Mar 2025 · Published 26 Mar 2025 · Application 5197777
Mixed / unclear
- 14-day notice
- Harassment
Order
- The tenancy of Mai Tuyet Nguyen also known as Hien Le at Unit/Flat 7, 163 Queen Street, Auckland Central, Auckland 1010, CML Apartments is terminated, and possession is granted to Macmonti Holdings Limited, at 11.59pm on Tuesday 1 April 2025.
- Mai Tuyet Nguyen also known as Hien Le must pay Macmonti Holdings Limited the sum of $27.00 immediately being the Tribunal application fee.
Reasons
- Mr Roigard attended the hearing for the landlord. The tenant was phoned on the number provided but the calls went to voicemail.
- The landlord has applied for termination of the tenancy on the basis that the tenant has caused or threatened to cause substantial damage to the premises.
- The relevant law is found in section 55(1)(b) of the Residential Tenancies Act 1986 (the Act). That section provides that the Tribunal must make an order terminating the tenancy if the Tribunal is satisfied that the tenant caused or threatened to cause substantial damage to the premises.
- On 12 March 2025 the tenant twice threatened to burn down the premises and lit two small paper files inside the premises. The fires were extinguished by the fire brigade before they caused any substantial damage. The tenant was taken away by the Police and Mr Roigard said that she has not as far as he is aware returned to the premises since then.
- On the evidence before me I am satisfied that the landlord has established that the tenant has threatened to cause substantial damage to the premises. His evidence is supported by a statement signed by two witnesses who heard the tenant threatening to burn the premises down. This means that the criteria in section 55(1)(b) of the Act has been satisfied and I am required to make an order terminating the tenancy.
- The landlord has been successful in its claim and is therefore entitled to payment of the Tribunal application fee.