What was the outcome of Tenancy Tribunal case 5006329?

The tribunal order states: The tenancy of Frank Buskermolen at 11 Rata Place, Pukekohe, Auckland 2120

How much money was awarded in case 5006329?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5006329?

The dispute type was not classified.

Where can I read the official tribunal order for case 5006329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10896097-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5006329?

The tribunal order states: The tenancy of Frank Buskermolen at 11 Rata Place, Pukekohe, Auckland 2120

How much money was awarded in case 5006329?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5006329?

The dispute type was not classified.

Where can I read the official tribunal order for case 5006329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10896097-Tenancy_Tribunal_Order.pdf.

11 Rata Place, Pukekohe, Auckland 2120 Tenancy Tribunal Case 5006329 — Tenancy dispute

Reasons

Both parties attended the hearing.

The Applicants are the nephew and his wife of the tenant Frank Buskermolen (“Frank”).

There is a long history of family involvement in this tenancy. Frank and his siblings were the beneficiaries of their mother’s estate, which was the property that is the subject of this application.

Frank and his children have lived at the property for many years as a tenant. There was a tenancy agreement between Frank and the administrator of the estate.

For financial reasons, Frank and the other beneficiaries decided in 2023 that the property must be sold.

Either Frank nor the other beneficiaries were able to buy the others out and so the property was given to Barfoot and Thompson for sale.

The Applicants, Clay Andre Duncan-Buskermolen (“Clay”) and his wife Abby Buskermolen (“Abby”) made an offer which was subsequently accepted for the purchase of the property at 11 Rata Place, Pukekohe.

Frank was aware that the property was to be sold and he was kept informed about the sales progress. On 31 July 2024 there was settlement of the purchase of the property.

As the parties are family members it had been expected that there would be a mutually agreed termination date. However, things became strained between the parties and no agreement was reached.

On 16 September and 17 th September 2024 Clay and Abby went to see Frank and give him a 63 day notice to vacate the property. That end date would be 22 November 2024.

A landlord may terminate a periodic tenancy by giving 63 days’ notice if the owner of the premises requires the premises, within 90 days after the termination date, as the principal place of residence for at least 90 days for the owner. See s51 (1) (a) Residential Tenancies Act 1986. (“RTA”).

Clay and Abby have relocated back from Australia with their two young children, household furniture and possessions and two dogs to live in their property at 11 Rata Place Pukekohe.

Clay, Abby and their two children are living in a motor lodge until they can move into their property. The dogs are in temporary kennels and the furniture is being stored at a storage facility. These arrangements are extremely expensive and have been in place for over 7 weeks. Abby expressed concern for the children having to live in a motel unit with no outdoor facilities, there are no cooking facilities, and the children are missing their pets.

The landlord has applied to terminate the periodic tenancy on the grounds of hardship, particularly if they are to carry this financial burden for another 7 weeks until 22 November 2024.

The Tribunal may terminate a periodic tenancy on the grounds of hardship where: a. Without the order the landlord would suffer greater hardship than the tenant and b. because of the hardship it would be unreasonable to require the landlord to continue with the tenancy. See section 55B Residential Tenancies Act 1986.

In making such and order the Tribunal must take into account the impact termination would have on the tenant.

Frank acknowledges that he has to leave the property and stated that 29 th October 2024 is acceptable to him. I understand the stress that Frank is experiencing but he has been aware since 2023 that the property was going to be sold. Frank was aware that Clay and Abby bought the property and settlement was 31 July 2024.

After taking into account the impact on the tenant I find that the landlord’s hardship would be greater than the tenant’s and it would be unreasonable for the tenancy to continue.

The tenancy will terminate on 29 October 2024 at 11.59pm.

Order

The tenancy of Frank Buskermolen at 11 Rata Place, Pukekohe, Auckland 2120 is terminated, and possession is granted to Clay Andre Duncan-Buskermolen and Abby Buskermolen, at 11.59pm on Tuesday 29 th October 2024.

Reasons

Both parties attended the hearing.
The Applicants are the nephew and his wife of the tenant Frank Buskermolen (“Frank”).
There is a long history of family involvement in this tenancy. Frank and his siblings were the beneficiaries of their mother’s estate, which was the property that is the subject of this application.
Frank and his children have lived at the property for many years as a tenant. There was a tenancy agreement between Frank and the administrator of the estate.
For financial reasons, Frank and the other beneficiaries decided in 2023 that the property must be sold.
Either Frank nor the other beneficiaries were able to buy the others out and so the property was given to Barfoot and Thompson for sale.
The Applicants, Clay Andre Duncan-Buskermolen (“Clay”) and his wife Abby Buskermolen (“Abby”) made an offer which was subsequently accepted for the purchase of the property at 11 Rata Place, Pukekohe.
Frank was aware that the property was to be sold and he was kept informed about the sales progress. On 31 July 2024 there was settlement of the purchase of the property.
As the parties are family members it had been expected that there would be a mutually agreed termination date. However, things became strained between the parties and no agreement was reached.
On 16 September and 17 th September 2024 Clay and Abby went to see Frank and give him a 63 day notice to vacate the property. That end date would be 22 November 2024.
A landlord may terminate a periodic tenancy by giving 63 days’ notice if the owner of the premises requires the premises, within 90 days after the termination date, as the principal place of residence for at least 90 days for the owner. See s51 (1) (a) Residential Tenancies Act 1986. (“RTA”).
Clay and Abby have relocated back from Australia with their two young children, household furniture and possessions and two dogs to live in their property at 11 Rata Place Pukekohe.
Clay, Abby and their two children are living in a motor lodge until they can move into their property. The dogs are in temporary kennels and the furniture is being stored at a storage facility. These arrangements are extremely expensive and have been in place for over 7 weeks. Abby expressed concern for the children having to live in a motel unit with no outdoor facilities, there are no cooking facilities, and the children are missing their pets.
The landlord has applied to terminate the periodic tenancy on the grounds of hardship, particularly if they are to carry this financial burden for another 7 weeks until 22 November 2024.
The Tribunal may terminate a periodic tenancy on the grounds of hardship where: a. Without the order the landlord would suffer greater hardship than the tenant and b. because of the hardship it would be unreasonable to require the landlord to continue with the tenancy. See section 55B Residential Tenancies Act 1986.
In making such and order the Tribunal must take into account the impact termination would have on the tenant.
Frank acknowledges that he has to leave the property and stated that 29 th October 2024 is acceptable to him. I understand the stress that Frank is experiencing but he has been aware since 2023 that the property was going to be sold. Frank was aware that Clay and Abby bought the property and settlement was 31 July 2024.
After taking into account the impact on the tenant I find that the landlord’s hardship would be greater than the tenant’s and it would be unreasonable for the tenancy to continue.
The tenancy will terminate on 29 October 2024 at 11.59pm.

Tenancy Tribunal case 5006329 — Tenancy dispute at 11 Rata Place, Pukekohe, Auckland 2120

At a glance

Claims & awards

Tenancy Tribunal case 5006329 — Tenancy dispute at 11 Rata Place, Pukekohe, Auckland 2120

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