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Dangerous Tenancy Terminated

Dangerous Tenancy Terminated

A violent and noisy tenant has been given the boot after multiple instances of antisocial behaviour.

By: Property Investor Team

31 December 2020

Excessive noise and antisocial behaviour have led to the of a troublesome tenant in Central Auckland. The tenant, Mitchell Lam was evicted after at least seven complaints from neighbours related to noise coming from the apartment.

Security guards also found there to be excessive noise and reported on this when making their evening rounds.

The owner, Brian Edgar, gave the tenant 14 days’ notice to remedy the situation on September 25, which began on August 17. This was not remedied, and there is evidence that at least eight more complaints were laid by various individuals around noise and antisocial behaviour.

Significantly, CCTV recording shows footage of the tenant’s visitor damaging and attempting to damage the property. It also shows a fight that took place between the tenant and some of his visitors, and the building manager being assaulted by the tenant and some of his visitors. Adjudicator

T Prowse found that under section 55 (1) (c) of the Residential Tenancies Act, a tenancy can be terminated if the tenant has assaulted or threatened to assault any person associated with the property, and therefore terminated the tenancy.