How much money was awarded in case 5390373?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5390373?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5390373?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12944810-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5390373?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5390373?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5390373?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12944810-Tenancy_Tribunal_Order.pdf.

54 Koro Lane, Mangere Bridge, Auckland 2022 Tenancy Tribunal Case 5390373 — Harassment

Q: What was the outcome of Tenancy Tribunal case 5390373?

The tribunal order states: The landlord’s application for termination of the tenancy under section 55A

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Reasons

Both parties attended the hearing.

The landlord has applied to the Tribunal for an order terminating the tenancy on the grounds of anti-social behaviour from the tenant or someone on the premises with the tenant’s permission.

The landlord states that the anti-social behaviour engaged were excessive yelling, screaming, physical fights and damage coming from the property, and excessive noise.

Subject to certain considerations, the Tribunal must make an order under section 55A Residential Tenancies Act 1986 terminating a periodic tenancy if it is satisfied: a. on 3 separate occasions within a 90-day period the tenant, or a person in the premises with the tenant’s permission, engaged in anti-social behaviour in connection with the tenancy; and b. on each occasion the landlord gave the tenant written notice— i. describing clearly which specific behaviour was considered to be anti-social and (if known to the landlord) who engaged in it; and ii. advising the tenant of the date, approximate time, and location of the behaviour; and iii. stating how many other notices (if any) the landlord has given the tenant under this paragraph in connection with the same tenancy and the same 90-day period; and iv. advising the tenant of the tenant’s right to make an application to the Tribunal challenging the notice and; c. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice.

The Act confirms that antisocial behaviour includes harassment or any act (whether intentional or not) that reasonably causes alarm, distress or nuisance that is more than minor.

I have taken into account the evidence presented by the parties as set out above.

While the anti-social behaviour alleged would come within section 55A RTA, this tenancy is for a fixed term which does not allow for the landlord to engage the provisions of section 55A.

Further, even if this tenancy had been a periodic tenancy, the landlord has not stated in their notices how many other notices (if any) the landlord has given the tenant under this paragraph in connection with the same tenancy and the same 90-day period and the landlord has not advised the tenant of the tenant’s right to make an application to the Tribunal challenging the notice.

The failure to comply with those mandatory requirements of section 55A RTA is fatal.

For those reasons, the landlord’s application for termination of the tenancy under the anti-social provisions of section 55A RTA must fail.

Reasons

Both parties attended the hearing.

The landlord has applied to the Tribunal for an order terminating the tenancy on the grounds of anti-social behaviour from the tenant or someone on the premises with the tenant’s permission.

The landlord states that the anti-social behaviour engaged were excessive yelling, screaming, physical fights and damage coming from the property, and excessive noise.

The Act confirms that antisocial behaviour includes harassment or any act (whether intentional or not) that reasonably causes alarm, distress or nuisance that is more than minor.

I have taken into account the evidence presented by the parties as set out above.

While the anti-social behaviour alleged would come within section 55A RTA, this tenancy is for a fixed term which does not allow for the landlord to engage the provisions of section 55A.

The failure to comply with those mandatory requirements of section 55A RTA is fatal.

For those reasons, the landlord’s application for termination of the tenancy under the anti-social provisions of section 55A RTA must fail.

Tenancy Tribunal case 5390373 — Harassment at 54 Koro Lane, Mangere Bridge, Auckland 2022

At a glance

Tenancy Tribunal case 5390373 — Harassment at 54 Koro Lane, Mangere Bridge, Auckland 2022

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