Tribunal Ends Tenancy Over Cleanliness and Behaviour Issues

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[2025] NZTT 5134650

TENANCY TRIBUNAL - Remote Location

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [NAME]/[ADDRESS], [POSTCODE]

ORDER

1. The tenancy of [NAME] at [NAME]/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 4pm on Friday 21 February 2025.

Reasons:

1. Both parties attended the hearing which was conducted by phone.

2. The landlord has applied to the Tribunal for an order terminating the periodic tenancy on two grounds:

(a) Anti-social behaviour from the tenant; see Section 55A Residential Tenancies Act 1986 (‘RTA”)

(b) A breach of the tenant’s obligations:

i. Failure to keep the premises reasonably clean and tidy; see Section 40(1)(b) RTA

ii. Has caused interference with the reasonable peace, comfort, or privacy of any of the landlord’s other tenants in the use of the premises occupied by those other tenants, or with the reasonable peace, comfort, or privacy of any other person residing in the neighbourhood. See Section 40(2)(c) RTA

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3. The tenancy between Kainga Ora Homes and Communities (‘[NAME]”) and [NAME] commenced on 21 December 2023. [NAME] occupies one of two standalone units on the property, hers being the front [NAME] with a separate garage on the right-hand side of the [NAME] looking from the driveway. The driveway curves around in front of [NAME] to another standalone garage associated with [NAME] 2 which is behind [NAME]. [NAME] 2 is occupied by a mother and young son, also [NAME] tenants.

Breach of tenant obligations

4. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

5. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

6. The landlord claims the tenant has breached their obligations by:

i. Failing to keep the premises reasonably clean and tidy; see Section 40(1)(b) RTA. The term ‘premises’ also includes the surrounding land.

ii. Has caused interference with the reasonable peace, comfort, or privacy of any of the landlord’s other tenants in the use of the premises occupied by those other tenants, or with the reasonable peace, comfort, or privacy of any other person residing in the neighbourhood. See Section 40(2)(c) [NAME] evidence

7. As there had been similar concerns, to those forming the basis of this application in a previous tenancy [NAME] had with [NAME], they set out in a letter to [NAME] at the commencement of the tenancy that no vehicles were to be parked on the driveway, including trailers and cars, but they must be parked in the garage.

8. After attempts being made by [NAME] to speak with [NAME] about the build-up of items in the front yard and parking of the trailer in front of the garage without success, a 14 day notice to [NAME] dated 6 June 2024, requested that all items that were stored in the front yard needed to be removed immediately and that no trailers should be parked in the driveway but allowed for one car to be parked in front of the garage allowing access to the [NAME].

9. In October 2024 the belongings on the driveway had increased substantially along with the trailer and often a vehicle. [NAME] produced photographs taken on 17 October 2024 which show a large double axle trailer, fully loaded with furniture, household and garden items parked in front of the garage with other items in front of and around it. A car was parked right on the curve of the driveway, large rubbish bins and barrels were positioned on the driveway itself, and a large

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number of bricks, iron fencing, hay bales and large wooden frames were in front of the [NAME].

10. Photographs taken on 5 November were also produced. These showed the number of items encroaching on the driveway had increased with a number of wooden pallets now present and more items in front of the trailer and to the side.

11. Photographs on 2, 19 and 24 December show [NAME] parked in front of [NAME] 2’s garage and also in the driveway itself blocking an any access for a car vising [NAME] 2 or emergency vehicles to either [NAME].

12. Photos of an inspection conducted on 19 December show there were more items added to what was already there and the wooden pallets and framing had been moved to the other side of the driveway encroaching onto it.

13. [NAME] had refused to speak to [NAME] staff on numerous occasions, running away, inside locking the access gate to the [NAME] yard, turning on a water sprinkler to stop access to the [NAME] yard, singing over the top of the Housing Support Manager (“[NAME]”) who was trying to talk to her.

14. It has been bought to the attention of [NAME] that if an ambulance or fire appliance was required at either [NAME], then access is not available.

15. The [NAME] at Flat 2, has very little room to get past the rubbish and the vehicles to even get to the street or for her support workers or family to park in front her garage when visiting. This is putting considerable mental and physical stress on the [NAME], her 6-year old son and her extended family.

16. On Thursday 19 December 2024 [NAME] ([NAME]) and the [NAME] attended for a visit at 9.10am. The driveway was fully blocked by a car and trailer full of pallets. [NAME] saw the [NAME] staff approaching and ran away inside screaming that she was far too busy to deal with us and that she was aware she had a breach notice.

17. Two hours later, after this visit, the tenant from the [NAME] rang to complain about further items being moved onto the driveway. The [NAME] staff returned but this visit resulted in considerable screaming by [NAME], with her once again running away inside. [NAME] staff went to the [NAME] of the property to attempt again to discuss the breach issues and [NAME] got very angry, yelling and throwing her arms around and brandishing a pair of scissors around near the [NAME].

18. She was heard making a 111 call to police saying she had intruders at her property and that she had no idea who we were.

19. After the Xmas break the [NAME] visited the property and there was thick rope spread out all over the driveway as shown by photos produced by [NAME]. This was on the driveway for at least a week, spread across in front of [NAME] and down the driveway. It was still present on 13 January but gone by 21 January.

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20. [NAME] do not believe [NAME] has any intention of removing the items from the driveway, although they acknowledge that the photos on 4 February did show a small improvement.

21. She sees this space as her own and has no respect for the co-joined neighbour. The neighbour doesn’t own a vehicle and even when their family attempt to bring the tenant home, they are abused and told they are not allowed down the driveway, walking or driving. They do not bring their vehicle down the driveway anymore, due to the complete lack of space, but also the abuse they receive from [NAME].

22. Three breach notices have been issued to [NAME] for the items on the shared driveway and blocking access to the driveway ( 6 June 2024, 24 October 2024 and 2 December 2024) and at no stage has [NAME] made any attempt to abide by the breach notices ( aside from the small improvement on 4 February) and she continues to bring further items on to the site. She already has the garage full and the [NAME] yard is filling up.

23. [NAME] said that as [NAME] had complained she wasn’t getting notices that they posted to her they now cellotaped any notices of breaches or inspections to her front door.

24. The [NAME] have received complaints from several private owners in the street, because of the 4 cars, 1 caravan and 1 trailer that she has parked on the cul-de-sac. There is no parking for anyone else in the area, unless they have off street parking.

[NAME] evidence

25. [NAME] stated she had made contact with the ambulance service and they said they never come up a driveway now in case they get blocked in so emergency access was not an issue. In addition, she gave further evidence;

• That [NAME] were well aware she suffered from depression but about October her anxiety level rose and was overwhelming her, mainly because of all the unnotified visits by [NAME]. This left her terrified and unable to go out;

• That she had only ever parked on the driveway once and that was because she arrived home from a trip late one night and wanted to unload the car then she got a flat battery and couldn’t move the car;

• That she was permitted to park a trailer and that all the items she had she was going to use at some stage around the property or for her hobbies;

• That she never read [NAME] letters and probably had about 30 of them. She now had a life coach who would read them for her;

• That family visitors to [NAME] 2 can park up the driveway with no issue but the big problem for them is that they can’t back a car so the cant back down the driveway so that is their problem.

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Other evidence

26. Statements were received from the two staff members of [NAME] who had interacted with [NAME] and the [NAME] and a family member of that tenant.

27. The [NAME] stated that when a previous tenant had been in [NAME] her support workers and family were able to easily come up the driveway to visit and that is not possible now because of all the items around the front of the [NAME], the large trailer and often her car is blocking the drive. [NAME] also tells her family and others they aren’t allowed to park on the driveway. The tenant also often has to walk over things on the driveway or around the edge of the driveway and because she has health issues this is a problem for her. The man who mows her lawns has also complained as he is unable to park in the driveway, making hie job very difficult. She also stated she is sick of the front of the property looking a mess and with the issues with the driveway access.

28. A witness who has been assisting [NAME] also gave evidence that he had been helping with a bit of a clean-up for her.

Findings

29. After carefully considering the evidence presented by both parties I find that [NAME] have established that despite notices to remedy the situation and failed attempts to discuss it with her, [NAME] has failed to keep the premises reasonably clean and tidy. In addition, [NAME] have established she has caused interference with the reasonable peace, comfort, or privacy of any of the landlord’s other tenant in the use of the premises occupied by that other tenant.

30. Given the nature of the interference blocking the shared drive way with her vehicle on more than one occasion, having various items encroaching on the driveway and leaving a large trailer also parked in the driveway and her failure to take any steps to remedy this it would be inequitable to refuse to terminate the tenancy. I am not satisfied that these breaches will not occur again. I also note that despite [NAME] evidence about the ambulance service not coming up driveways if needed, in any emergency be it a medical emergency or a fire in one of the two units it is imperative that the shared driveway is kept clear not only to allow free access for the tenant or visitors to [NAME] 2 but also for emergency vehicles as needed.

Antisocial behaviour

31. In the alternative [NAME] seek to terminate the tenancy due to the anti-social behaviour of [NAME].

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32. The landlord states that the anti-social behaviour relates to 3 separate incidents for which notices dated 24 October 2024, 8 December 2024 and 19 December 2024 were served.

33. The antisocial behaviour relates to [NAME] abusing the brother-in-law and sister of the tenant in [NAME] for coming down the driveway and telling them they were not allowed to be down the driveway. Visitors to [NAME] and her child are now fearful of visiting or in the son’s case being out on the drive or playing outside generally for fear of how [NAME] is going to react. A further incident related to going to [NAME] and abusing the tenant after a visit to [NAME] by [NAME] staff to talk about the stuff on the driveway (although [NAME] would not engage with them and shut herself inside) and accusing the tenant of narking on her to [NAME]. The final incident related to a visit to the property by two [NAME] staff to follow up on a breach notice. [NAME] ran away from them to inside her property but when they went around the back of the property to try and talk to her about how they could sort out the possessions on the driveway, she threw herself around hysterically, yelling and screaming, while holding a pair of scissors in her hand, which she had been used to cut plastic. The [NAME] was fearful she would be hurt with the scissors. The [NAME] staff left but heard [NAME] calling the police saying she had intruders and didn’t know who they were.

34. In response to these claims the evidence [NAME] gave relating to her depression and anxiety was repeated. She said on the day of last incident referred to above she locked herself in the toilet for 2.5 hours as she was so scared. She also believed the claims the tenant in [NAME] had made and that of her relations was made up. She said the tenant was a lovely young woman and she and her son would often come to her looking for food.

35. 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 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

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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.

36. 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.

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

38. I have determined that the landlord has established that anti-social behaviour has occurred on the premises by [NAME]. [NAME] has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.

39. I consider it would not be unfair to terminate the tenancy taking into account the circumstances in which the behaviour arose, and the notices were given. I cannot see that the landlord has acted in any retaliatory way in bringing this application. The behaviour outlined further endorses the view of the Tribunal that [NAME] has disregard for the rightful use of the shared driveway by others and a disregard of [NAME] in endeavouring to resolve the issues with obstruction of the driveway.

40. I cannot consider the impact on the tenant, in making an order for termination of the tenancy.

41. [NAME] has established that the tenancy should be terminated under both grounds applied under however they did undertake to work with [NAME] to find a property that was more suited to her needs either through their own resources or other social housing providers, but this could not be guaranteed.

[NAME]

19 February 2025

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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 tenant 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/

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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: