Auckland landlord's attempt to evict tenant for having too many visitors dismissed

The landlord accused the tenant of having too many guests over and doing too many burnouts. Photo / NZME

A landlord who tried to have his tenant evicted for doing burnouts and having too many guests has had his application for antisocial behaviour dismissed.

The Auckland landlord, who worked for Oaks Property Management Limited (OPML) took his tenant to the tenancy tribunal and claimed she had antisocial manners toward other residents in the street.

He raised concerns about the tenant speeding, doing burnouts, working on cars through the night, mowing lawns after midnight and having frequent visitors at all hours of the day.

"The neighbours were frightened to come and give evidence," the landlord said. "They are concerned the behaviour is being carried out by gang members or associates of gang members."

But in July's hearing, the tenant told the tribunal how other residents in the street drive the same Holden vehicle as her.

"They drive their car fast in the street and also have loud gatherings of people and lots of visitors.

"I believe some of the complaints made by the neighbours are related to another house on the street," she said.

The tenant admitted to having her partner living at the house with her and told the tribunal how while he lived with her, there was an increase of people coming and going.

She also mentioned how she only found out about her partner's friend doing a burnout on the road as a result of this claim.

"I want to reassure my neighbours that they have nothing to fear from me. My partner no longer lives with me and I am a young mother who wants to raise my children in a safe environment."

She also apologised to her landlord and neighbours for the burnout and visitors.

Tenancy adjudicator Toni Prowse said there was a lack of evidence on what the behaviour was, who did it and when it was alleged to occur.

"Unless the tribunal has evidence directly from the people who saw or heard the antisocial behaviour, has photographs or videos which show the antisocial behaviour, or police reports which describe the behaviour, it cannot act simply on what the landlord has been told by neighbours.

"When the landlord gives evidence of what they have been told, but not witnessed themselves it is hearsay, there is no evidence which links the tenant to the behaviour.

"The applicant has not satisfied me that it is more likely than not that the tenant or persons permitted by her to be at the premises have committed antisocial behaviours."

Prowse also told the landlord that if the tenant's neighbours were concerned about behaviour, then they should contact the police or noise control.

"It is best to contact police and noise control immediately so that they can investigate the behaviour and complaints."

"Neighbours who then report to landlords need to be specific about the type of behaviour. A landlord who is unable to meet the evidential burden will not be able to prove their claim," Prowse said.

The application was dismissed and the woman remains at her rental.