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Home / New Zealand

Covid-19 coronavirus: Tenant kicked out after threatening to blow up landlords' truck

Luke Kirkness
By Luke Kirkness
Sport Planning Editor·NZ Herald·
7 May, 2020 05:23 PM3 mins to read

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Malls, cafes, bars, barbers and schools can open under alert level 2, Prime Minister Jacinda Ardern says. Kiwis can expand their bubbles to include friends and family and travel "safely" around the country, Ardern said.

A tenant was kicked out of her unit after allegedly threatening to push a landlord down the stairs and blow up their truck.

The threat came after the tenant was issued a 42-day termination notice by landlords on March 3 following a raft of antisocial behaviour.

The tenant was told to leave her unit in Te Aroha by midnight on Tuesday, May 5, and pay the landlords $1140.44.

The premises was one of six flats owned by the landlord that were physically connected to one another.

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Te Aroha, in the Waikato. Photo / Janna Dixon
Te Aroha, in the Waikato. Photo / Janna Dixon

A woman and her two children were meant to be living there after the tenancy started on January 29. However, a female friend of the tenant was bailed to live there too and, later, a male friend also came to live at the property.

Neighbours repeatedly complained about abusive language, loud music from the flat - especially late into the night and in the early hours of the morning.

There were also reports of the tenant breaking Covid-19 level 4 lockdown rules.

On February 20, there was a fight between the tenant and an elderly tenant who had complained about the noise. Another person intervened to stop it.

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Eight days later, the tenant and her friend had a fight with a third party, which involved abusive language and a baseball bat being presented.

Four days afterwards, on March 3, the landlords served a 42-termination notice to the tenant who then allegedly threatened them.

The landlords told the Tenancy Tribunal the tenant threatened to hit one of them in the face, push her down the stairs and blow up their truck.

She also said she would make everyone's life hell over the next seven weeks. She had not paid any rent since March 4.

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There were also a number of other complaints from neighbours, from trespassing to vehicle noise and disturbance at night.

Neighbours complained to the police and noise control about the disturbances and breaches of the Covid-19 lockdown rules.

They also told the landlords they did not feel safe in their homes due to the behaviour of the woman and her visitors.

Tribunal adjudicator J Smith made the decision to terminate the bond after the evidence was presented.

During the coronavirus response, the Government had put restrictions in regards to the grounds the tribunal could order the termination of a tenancy.

However, it allowed antisocial behaviour to be a ground on which termination could be approved under the Residential Tenancies Act 1986.

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The landlords sought termination on the grounds of antisocial behaviour, rent arrears, exemplary damages, disposal of goods, refund of the bond and reimbursement of the filing fee.

The hearing was held by teleconference due to the Covid-19 restrictions, and while the landlord was present the tenant did not show.

She was called on the number provided and it went to an answerphone. Smith was satisfied the tenant was properly notified about the hearing.

"The tenant did not attend the hearing to dispute the evidence or to explain what has been happening," the adjudicator said.

"I find that the activities of the tenant and her visitors have caused significant alarm, distress and nuisance to the landlords, their other tenants, and people living in the neighbourhood. Therefore, antisocial behaviour is proved."

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