What was the outcome of Tenancy Tribunal case 4882791?

The tribunal order states: Skelsey Limited is granted possession of the premises at 29B Lyn Grove,

How much money was awarded in case 4882791?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4882791?

The dispute type was not classified.

Where can I read the official tribunal order for case 4882791?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10661827-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4882791?

The tribunal order states: Skelsey Limited is granted possession of the premises at 29B Lyn Grove,

How much money was awarded in case 4882791?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4882791?

The dispute type was not classified.

Where can I read the official tribunal order for case 4882791?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10661827-Tenancy_Tribunal_Order.pdf.

29B Lyn Grove, Papamoa Beach, Papamoa 3118 Tenancy Tribunal Case 4882791 — Tenancy dispute

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Reasons

Only the applicant’s counsel attended the hearing.

Skelsey Limited, through its counsel Mr Skeates, has applied for possession of the premises pursuant to section 65 of the Residential Tenancies Act 1986.

Section 65 of the Residential Tenancies Act 1986 (‘the Act’) provides as follows: 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.

Skelsey Limited proved that it is entitled to possession to the premises by virtue of being the registered proprietor of the property.

The onus then fall on the respondent to establish that she has a right of occupation that has been granted to her by a person having lawful authority to grant that right.

There was no appearance by the respondent who is presently in occupation of the premises.

There is nothing before the Tribunal which establishes any right, be it legal or equitable, for the respondent’s occupation at the property.

The respondent has not established that she has any right of occupation granted to her 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.

By notice dated 6 March 2024, Skelsey Limited, as the registered proprietor of the property, has given notice to the respondent to vacate the premises immediately. The respondent has not complied with the applicant’s notice served by its solicitor.

Under section 65(3) RTA, the Tenancy Tribunal has jurisdiction to grant a possession order notwithstanding the absence of a residential tenancy agreement between the parties.

Accordingly, the application for possession by Skelsey Limited pursuant to section 65 of the Act is allowed.

Reasons

Only the applicant’s counsel attended the hearing.

Skelsey Limited, through its counsel Mr Skeates, has applied for possession of the premises pursuant to section 65 of the Residential Tenancies Act 1986.

Skelsey Limited proved that it is entitled to possession to the premises by virtue of being the registered proprietor of the property.

The onus then fall on the respondent to establish that she has a right of occupation that has been granted to her by a person having lawful authority to grant that right.

There was no appearance by the respondent who is presently in occupation of the premises.

There is nothing before the Tribunal which establishes any right, be it legal or equitable, for the respondent’s occupation at the property.

Under section 65(3) RTA, the Tenancy Tribunal has jurisdiction to grant a possession order notwithstanding the absence of a residential tenancy agreement between the parties.

Accordingly, the application for possession by Skelsey Limited pursuant to section 65 of the Act is allowed.

Tenancy Tribunal case 4882791 — Tenancy dispute at 29B Lyn Grove, Papamoa Beach, Papamoa 3118

At a glance

Claims & awards

Tenancy Tribunal case 4882791 — Tenancy dispute at 29B Lyn Grove, Papamoa Beach, Papamoa 3118

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions