Gang violence leads to eviction
A violent de-patching of a gang member at a Tokoroa rental property led to the landlord getting an eviction notice to turf out the tenant.
Friday, December 3rd 2021, 10:39AM 
3 Comments
by Sally Lindsay
Winterson Holdings had applied to the tribunal for the eviction of a tenant from the Manaia Street property on the grounds of anti-social behaviour, unlawful activity and assault.
One neighbour told the tribunal he and his partner were leaving because they felt unsafe.
The landlord provided all manner of evidence of anti-social behaviour occurring at the premises, including, videos and photos.
Although the videos and photos did not show the tenant assaulting or threatening to assault another person or permitting any other person to do the same, the landlord explained that in July he had attempted to serve a second anti-social behaviour notice on her, but was told by another person at the house to f**k off or I’ll give you a f***ing hiding c***.
The tribunal says in this case the landlord has not been able to serve notices personally to the tenant but had to put them in the letterbox because of the hostile behaviour from people she allowed to live in her home.
Part of the evidence the tribunal viewed showed serious gang violence at the property. In one video a car is seen pulling up to the roadside nearest tenant’s house. Three men get out of the car and violently assault a man, punch and kick him to the ground, and then stomp on him in a gang de-patching. The landlord identified the man as the same man who threatened him in July.
In a subsequent video the same man is shown fighting with another group of men as part of a gang re-initiation.
In its decision, the tribunal says the wider context is important. Winterson Holdings provided evidence of neighbouring tenants being fearful of the tenant and the people she has living in her home. Adjudicator M Steens spoke to one neighbouring tenant during the hearing, by phone. “He told me he and his partner were leaving because they felt unsafe.
“On balance, it is likely the tenant, or someone the tenant has permitted to reside in the home, will commit a further breach. The individual who made the threat in question is still residing in the home and I am satisfied the tenant is aware of his threatening behaviour.
“Consequently, the tenancy must be terminated.”
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Comments from our readers
Landlords cannot, and never have been able to, evict.
The only power a Landlord has is to terminate the tenancy.
To evict requires a possession order from the District Court, and then either a Bailiff or the Police to carry out the actual eviction.
The media love to use the words 'evict' or 'kick out' for their shock-horror value, but the reality is far less abrupt.
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