What was the outcome of Tenancy Tribunal case 4815661?

The tribunal order states: Pereiha Kunaiti is granted possession of the premises at 37A Andrew Avenue,

How much money was awarded in case 4815661?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4815661?

The dispute type was not classified.

Where can I read the official tribunal order for case 4815661?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10134633-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4815661?

The tribunal order states: Pereiha Kunaiti is granted possession of the premises at 37A Andrew Avenue,

How much money was awarded in case 4815661?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4815661?

The dispute type was not classified.

Where can I read the official tribunal order for case 4815661?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10134633-Tenancy_Tribunal_Order.pdf.

37A Andrew Avenue, Roslyn, Palmerston North 4414 Tenancy Tribunal Case 4815661 — Tenancy dispute

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Reasons

This is a dispute between Mr Pereihia Kunaiti and his adult son Samuel Kunaiti over occupation of the above described address.

Mr Kunaiti the applicant, attended the hearing which was held remotely by teleconference; Samuel Kunaiti did not answer on either of the three occasions he was called.

Mr Kunaiti and Samuel both moved into the premises around March 2022. Mr Kunaiti then moved out in October 2023 and asked his son to vacate also, so the property could be sold.

Samuel has so far refused to vacate the premises.

On 24 November 2023, Mr Kunaiti gave Samuel written notice that he would need to vacate the property and take all his belongings with him by 31 January 2024.

Samuel as never paid rent and Mr Kunaiti says there has never been a tenancy agreement in Samuel’s favour, either written or oral.

In effect, Samuel has occupied the property under a bare licence to occupy granted by Mr Kunaiti. A licence can be terminated at will or by reasonable notice by the grantor of that licence. The letter given by Mr Kunaiti to Samuel on 24 November 2023 served to terminate Samuel’s licence to occupy.

Given that the licence to occupy has been terminated to no effect, Mr Kunaiti is seeking the assistance of the Tenancy Tribunal by virtue of section 65 of the Residential Tenancies Act 1986 which provides the following: 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.

Mr Kunaiti has applied to the Tribunal for possession of the premises.

The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.

Reasons

This is a dispute between Mr Pereihia Kunaiti and his adult son Samuel Kunaiti over occupation of the above described address.

Mr Kunaiti the applicant, attended the hearing which was held remotely by teleconference; Samuel Kunaiti did not answer on either of the three occasions he was called.

Mr Kunaiti and Samuel both moved into the premises around March 2022. Mr Kunaiti then moved out in October 2023 and asked his son to vacate also, so the property could be sold.

Samuel has so far refused to vacate the premises.

On 24 November 2023, Mr Kunaiti gave Samuel written notice that he would need to vacate the property and take all his belongings with him by 31 January 2024.

Samuel as never paid rent and Mr Kunaiti says there has never been a tenancy agreement in Samuel’s favour, either written or oral.

Mr Kunaiti has applied to the Tribunal for possession of the premises.

The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.

Tenancy Tribunal case 4815661 — Tenancy dispute at 37A Andrew Avenue, Roslyn, Palmerston North 4414

At a glance

Claims & awards

Tenancy Tribunal case 4815661 — Tenancy dispute at 37A Andrew Avenue, Roslyn, Palmerston North 4414

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