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Home / New Zealand

A man plays his TV loudly for 20 hours a day. The neighbours called in the Tenancy Tribunal

Ben Leahy
By Ben Leahy
Reporter·NZ Herald·
28 Apr, 2020 06:34 PM4 mins to read

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New Zealand’s final days in lockdown saw an Anzac Day unlike any other, cautious optimism from leaders that we have eliminated the virus, and backlash from the opposition. Video / Chris Tarpey / Mark Mitchell / Kasun Rubasinghe 

A Nelson tenant has been told to change his anti-social ways and turn down his television after watching it so loud, it's keeping the neighbours awake.

Lee Walters was hauled before the Tenancy Tribunal facing eviction after neighbours at his flat complex called the police on him because he refused to lower his TV's volume and abused those who complained about it, adjudicator Jenny Robson said.

Walters often played his TV loudly from 6.30am until 2am the next day, neighbours claimed.

When the police were called on him, he only turned the TV up louder afterwards, they said.

He also sent threatening texts and threatened to beat his direct neighbour's head in with a stick, they said.

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Walters, for his part, said he was partially deaf and had to play the TV loudly.

He also said he never knew his loud viewing habits were a problem until the police showed up on his door.

He said he couldn't "understand why it was he who was taken away by the police and not the neighbour".

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However, adjudicator Robson dismissed Walters' claims about not knowing his loud TV watching was a problem, saying he had been handed a letter directly into his hand warning him about it and other anti-social behaviour.

A Mr Hollebon - acting on behalf of the landlord - told the Tribunal hearing held via a phone call during the alert level 4 lockdown that there was a long history of Walters' anti-social behaviour.

Most affected were the tenants living in a flat that adjoined Walters'.

Two previous tenants had lasted just two and six months, respectively, in the adjoining flat before moving out because of the noise of his TV.

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Hollebon said that - since the most recent tenant moved into the adjoining flat in January - they had sent him 165 texts and phone calls complaining about Walters' noise and threatening behaviour.

"Noise control has been called on a number of occasions and after such visits
the noise increases, not decreases, as has Mr Walters' confrontational and
aggressive behaviour towards the neighbouring tenant," Hollebon told the tribunal.

In February, Hollebon said he was working at a separate unit when he saw Walters "leap the fence" to get in the faces of his neighbours.

Hollebon rushed over to "trespass" Walters from the property, telling him it was unacceptable and later delivering a letter as notice of this, he said.

In March, the whole "neighbourhood" was affected by Walters' TV and police were called. After they visited, Walters turned the tube up not down, Hollebon said.

The police were then called on Walters two times in the next five days, the last occasion because he was threatening to beat his neighbour's head in with a stick, leaving her hiding from him, Hollebon said.

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Walters denied the accusation.

Following the list of complaints, the landlord applied to evict Walters.

Adjudicator Robson warned Walters to change his behaviour.

She said Hollebon had suggested Walters use headphones or move his TV to the other side of the room and backed these suggestions as ways to deal with his partial deafness.

She also dismissed claims Walters didn't know he was causing problems to neighbours.

Despite this, she refused to evict Walters.

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She told Hollebon to instead wait 21 days. If Walters committed further anti-social acts during that period Hollebon could alert Tenancy Services and the matter would be further considered.

"If that was to be the case it is very likely Mr Walters' tenancy would be terminated immediately," Robson said.

She said Walters had told her he had no family and nowhere to move to during the lockdown and that she needed to consider that.

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