Tenant's Tenancy Terminated Due to Repeated Anti-Social Behaviour

__________________________________________________________________________________ 5185351 1

[2025] NZTT 5185351

TENANCY TRIBUNAL AT [Event location suppressed]

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

[NAME]

TENANCY ADDRESS: Unit/Flat [ADDRESS], Te Atatu Peninsula, Auckland 0610

ORDER

1. The Tribunal orders suppression of the [NAME] name and identifying details.

2. The tenancy of [The [NAME]/s] at Unit/Flat [ADDRESS], Te Atatu Peninsula, Auckland 0610 is terminated, and possession is granted to [NAME] and [NAME], at 11.59 pm on Sunday 30 March 2025.

Reasons:

1. [NAME], for the landlords and [NAME] attended the hearing by telephone. The Tribunal called [NAME], on the number provided for him in the application but he did not answer the calls. I am satisfied that he received notice of the hearing and did not attend.

2. The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the [NAME] or someone on the premises with the [NAME]’s permission under section 55A Residential Tenancies Act 1986 (RTA).

3. The landlord states that the anti-social behaviour was reported by neighbours and may be summarised as follows:

a. Loud arguments, yelling and obscene language with two incidents occurring late at night on 16 December 2024 at 3am; on 5 January 2025 at 2.09pm to which Police were called; and on 18 January 2025 at 11.30 pm;

__________________________________________________________________________________ 5185351 2

b. Revving a car engine on 21 January 2025 from 6-9.30pm and on 22 January 2025 from 6-11.30pm;

c. Yelling, swearing, and arguing between the tenants multiple times during the week of 24 February 2025 with Police called on 25 February 2025 at 3.35pm and on 28 February 2025 in the morning.

4. At the hearing, [NAME] confirmed the above incidents occurred. She advised that [NAME] (her now former Partner) was causing the noise and disruptions and that his behaviour got worse over time. She asked him to leave the tenancy and says that he vacated a few days before the hearing. She is also considering whether she might need to obtain protection orders. [NAME] also confirmed that [NAME] sent her a message advising that he had left the premises and would not be returning.

5. Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied:

a. on 3 separate occasions within a 90-day period the [NAME], or a person in the premises with the [NAME]’s permission, engaged in anti-social behaviour in connection with the tenancy; and

b. on each occasion the landlord gave the [NAME] 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 [NAME] of the date, approximate time, and location of the behaviour; and

iii. stating how many other notices (if any) the landlord has given the [NAME] under this paragraph in connection with the same tenancy and the same 90-day period; and

iv. advising the [NAME] of the [NAME]’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.

6. 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.

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

8. I have determined that the landlord has established that anti-social behaviour has occurred on the premises by the [NAME] or a person on the tenancy with the [NAME]’s permission. The landlord has served notices on the [NAME] as required

__________________________________________________________________________________ 5185351 3

and the application to the Tribunal was made within 28 days of the date of the third notice.

9. I consider it would not be unfair to terminate the tenancy taking into account the circumstances in which the behaviour arose, and the notices given. I cannot see that the landlord has acted in any retaliatory way in bringing this application.

10. [NAME]’s evidence is that the anti-social behaviour was caused mainly by [NAME], although she acknowledged that the incidents also resulted in her yelling at [NAME] on occasion. She also says that she called the police once. There was some discussion at the hearing as to whether the landlord might agree to [NAME] remaining in the tenancy given that [NAME] has vacated. [NAME] confirmed that she can afford the rent alone. However, the landlord is concerned that [NAME] may return and cause further problems and they do not want neighbours to be further impacted and affected.

11. While termination of the tenancy may unfairly impact [NAME], the Tribunal has no power to exclude her from termination because the tenancy is held by Tenants A and B jointly and severally. Furthermore, under s55A(4) RTA I cannot consider the impact on the [NAME], in making an order for termination of the tenancy.

12. In summary, the grounds for terminating the tenancy under s55A are met. The landlord has agreed to give the [NAME] some further time before the termination takes effect and, therefore the tenancy will terminate on 30 March 2025 at 11.59pm.

13. I am suppressing the names and identifying details of the tenants for several reasons. [NAME] has suggested that [NAME]’s behaviour could be related to issues with his mental health. If that is the case, it could be prejudicial to his health if the details of this decision and his name are published. [NAME] has also stated that she may need to consider protection orders. There is also a strong suggestion that this application has eventuated mainly because of [NAME]’s behaviour. Therefore, I find it would be unfair, and not in the Public interest, to publish [NAME]’s details. See section 95A RTA.

[NAME], 17 March 2025

__________________________________________________________________________________ 5185351 4

Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.

Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.

You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf

Right of Appeal Both the landlord and the [NAME] can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals

Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.

Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.

Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].

Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.

https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/

__________________________________________________________________________________ 5185351 5

A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

Reasons: