What was the outcome of Tenancy Tribunal case 4586029?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4586029?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4586029?

The dispute type was not classified.

Where can I read the official tribunal order for case 4586029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9238073-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4586029?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4586029?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4586029?

The dispute type was not classified.

Where can I read the official tribunal order for case 4586029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9238073-Tenancy_Tribunal_Order.pdf.

18 Jedburgh Street, Tokoroa, Tokoroa 3420 Tenancy Tribunal Case 4586029 — Tenancy dispute

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Reasons

The applicant attended the hearing, conducted via teleconference. There was no response from the respondent to the notice of hearing that advised this hearing would be via teleconference and a contact number should be provided.

The landlord has applied for possession of the premises per section 65 Residential Tenancies Act 1986. That section reads: Section 65 Eviction of squatters (1) Where, on the application of any person entitled to possession of any residential premises, the Tribunal is satisfied that any other person is in possession of the premises as a squatter or trespasser, or otherwise than pursuant to any right of occupation granted to that person by any person having lawful authority to grant that right to that other person, the Tribunal shall make a possession order granting possession of the premises to the applicant. (2) Nothing in subsection (1) shall limit or affect the provisions of the Trespass Act 1980, or any other remedy that may be available to the person lawfully entitled to possession of the premises. (3) To avoid doubt, the Tribunal has jurisdiction under this section even though the premises are not subject to a tenancy agreement.

The applicant became the sole owner after the passing of his mother in September last year. The transmission was formalised, and the applicant has provided several legal documents confirming he is the sole owner. This includes a recent record of title for this address.

After his mother passed away, permission to the respondent and a niece was granted to stay at the premises. While the niece has now left, the respondent remains. The applicant described the respondent’s relationship as tamaiti whāngai to the applicant’s parents 1 .

It has been clearly established that the applicant is the present owner of the premises. It is also clear that any previous permission or licence to occupy granted to the respondent in September last, or subsequently, was revoked by the applicant by notice on 2 May 2023 as well as verbally.

The notice served on 2 May 2023 was a 90-day notice to leave by 31 July 2023. While that notice referred to a “tenancy” I accept the applicant’s position that this is not a residential tenancy. The respondent indicated to the applicant, after receiving the notice, that he would not be leaving. The applicant subsequently received police advice to seek a possession order from the Tenancy Tribunal.

The applicant has concerns that the locks have been changed, damage to the property are apparent and signs of additional building work is evident. Given these concerns, as well as the prior notice to leave on 31 July 2023, it is appropriate to make the possession order immediate.

The requirements of section 65 of the Residential Tenancies Act 1986 are satisfied and an immediate possession order is made.

Reasons

The requirements of section 65 of the Residential Tenancies Act 1986 are satisfied and an immediate possession order is made.

Tenancy Tribunal case 4586029 — Tenancy dispute at 18 Jedburgh Street, Tokoroa, Tokoroa 3420

At a glance

Claims & awards

Tenancy Tribunal case 4586029 — Tenancy dispute at 18 Jedburgh Street, Tokoroa, Tokoroa 3420

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions