The landlord attended the tribunal hearing on April 3, 2023, but Pulefale failed to show up.
Adjudicator Toni Prowse said she needed to be satisfied that within a 90-day period, there were three separate incidents involving unruly behaviour and each time the landlord gave the tenant written notice.
A notice needed to detail the specific behaviour, who was involved, the date, time and location, how many other notices had been issued and advise the tenant of their rights to challenge the allegations.
The Residential Tenancies Act defines anti-social behaviour as including harassment or any act, intentional or not, that reasonably causes alarm, distress or nuisance which is more than minor.
Since February 6, 2023, the landlord had served five notices on Pulefale relating to events that had occurred from January 2 which complied with the Act, Prowse noted.
On February 6, a notice for non-payment of rent was served; the next day, Pulefale received another claiming he had been fighting; the third, on February 19, detailed an alleged attempt to enter a neighbour’s home while drunk or on drugs; the next involved alleged fighting, a smashed window and police attendance.
The final notice was served on March 14 after police arrived at the flat with a warrant for Pulefale’s arrest.
Prowse was satisfied there had been three occasions where Pulefale engaged in anti-social behaviour. She excluded the police visit to serve the warrant, and said under the circumstances, terminating the tenancy was not unfair.
“I cannot see that the landlord has acted in any retaliatory way in bringing this application.”
Prowse stated Pulefale’s eviction was inevitable, due to substantial damage caused to the flat and him allegedly threatening the neighbours “saying that if they got involved, they would get knifed”.
“Neither of those grounds for termination requires the tenant to be given notice to remedy first.”
She then took the unusual step of ensuring Pulefale’s eviction was done without delay. Normally, orders can’t be enforced for 48 hours, but the landlord was able to regain control of the flat that afternoon, with protection provided.
“I grant leave for the possession order to be enforced immediately on the grounds that there is a risk to the security of others or to the property if enforcement is delayed.
“The landlord may make an immediate application for an eviction warrant so as to have bailiff and or police assistance to obtain possession, if required.”
Prowse ordered the bond centre to pay the landlord a total of $2004.44 to cover rent arrears amounting to $1018, window repairs amounting to $966 and a filing fee of $20.44, and retain the remaining $195.56.
