What was the outcome of Tenancy Tribunal case 5062828?

The tribunal order states: Katherine Eileen Robinson as the Administrator in the Estate of Leslie James

How much money was awarded in case 5062828?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5062828?

The dispute type was not classified.

Where can I read the official tribunal order for case 5062828?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11114798-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5062828?

The tribunal order states: Katherine Eileen Robinson as the Administrator in the Estate of Leslie James

How much money was awarded in case 5062828?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5062828?

The dispute type was not classified.

Where can I read the official tribunal order for case 5062828?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11114798-Tenancy_Tribunal_Order.pdf.

53 Judds Road, Solway, Masterton 5810 Tenancy Tribunal Case 5062828 — Tenancy dispute

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Reasons

Both parties attended the hearing by telephone.

The landlord has made an application to the Tribunal under section 65 Residential Tenancies Act 1986 (“RTA”) which provides that the Tribunal must make an order granting possession of the premises to the person entitled to possession of any residential premises, where the Tribunal: “is satisfied that any other person is in possession of the premises is a squatter, 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.”

Section 65 RTA was considered by the High Court in Sergeant v Nigro and Tapsell [2019] NZHC 328. The Court held that there are three conditions which must be met before an order can be made: a. The premises must be residential premises. b. The applicant is entitled to possession. c. The other person has a right of occupation granted by a person having lawful authority to do so.

If these three elements are established then the Tribunal must make a possession order.

The landlord gave and provided evidence that: a. The premises were the home of her late father and are residential. b. The landlord is the administrator of her late father’s estate pursuant to a Grant of Letters of Administration granted by the High Court on 12 February 2024. c. Record of Title WN5C/242 for the premises shows herself registered as the owner as Administrator. d. She had not granted any right of occupation to the occupier.

The occupier claimed that he had come to an arrangement with other members of the family regarding his occupation of the property.

As explained at the hearing, only the Administrator has the legal authority to come to any such arrangement. If the occupier believes he has some other claim against his father’s estate, then that is a matter for an application to the High Court. It is not a matter that the Tribunal can consider. It has no jurisdiction to consider any such claim. This has been confirmed in the recent High Court decision of Dunn v Dunn [2024] NZHC 2612.

As the property is residential, the landlord has the legal authority to claim possession and has not granted the occupier a right of occupation, the Tribunal must make the order sought by the landlord.

Reasons

Both parties attended the hearing by telephone.

If these three elements are established then the Tribunal must make a possession order.

The occupier claimed that he had come to an arrangement with other members of the family regarding his occupation of the property.

Tenancy Tribunal case 5062828 — Tenancy dispute at 53 Judds Road, Solway, Masterton 5810

At a glance

Claims & awards

Tenancy Tribunal case 5062828 — Tenancy dispute at 53 Judds Road, Solway, Masterton 5810

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