What was the outcome of Tenancy Tribunal case 5068912?

The tribunal order states: Alison Ham is granted possession of the premises at 38 Litchfield Street,

How much money was awarded in case 5068912?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5068912?

The dispute type was not classified.

Where can I read the official tribunal order for case 5068912?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11350405-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5068912?

The tribunal order states: Alison Ham is granted possession of the premises at 38 Litchfield Street,

How much money was awarded in case 5068912?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5068912?

The dispute type was not classified.

Where can I read the official tribunal order for case 5068912?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11350405-Tenancy_Tribunal_Order.pdf.

38 Litchfield Street, Redwoodtown, Blenheim 7201 Tenancy Tribunal Case 5068912 — Tenancy dispute

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Reasons

Both parties attended the hearing. Mr Dey had a support person present.

The landlord has applied for possession of the premises.

This arrangement is not considered a residential tenancy subject to the Residential Tenancies Act 1986 (“RTA”).

The parties knew each other prior to this arrangement forming. The premises was the family home of the owner for approximately 20 years but she has not lived for there for the last five years.

The occupant was granted a verbal licence to occupy some 18 months ago. The parties dispute the classification of the arrangement but the occupant initially paid $100.00 per week (later increased to $150.00). The owner stated this was as agreed towards outgoings. It was paid in cash but payments stopped around July last year after the occupant became frustrated at what he believed to be failures of the owners.

The owner initially served a trespass notice on 31 August 2024. That did not produce the desired result so a lawyer drafted a notice to terminate for the owner. That notice cited s 51 RTA and was served on 7 September 2024.

Having heard from both parties I consider this was not a residential tenancy under the RTA. Possession therefore is dealt with under s 65. It reads (in part): (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... (3) To avoid doubt, the Tribunal has jurisdiction under this section even though the premises are not subject to a tenancy agreement.

Even if I am wrong in applying s 65, in the alternative, a possession order per s 64(1) RTA would be made as the 7 September 2024 notice to terminate would be considered to have ended the tenancy, effective 9 November 2024. That is less than 90 days ago.

Reasons

Both parties attended the hearing. Mr Dey had a support person present.

The landlord has applied for possession of the premises.

This arrangement is not considered a residential tenancy subject to the Residential Tenancies Act 1986 (“RTA”).

The parties knew each other prior to this arrangement forming. The premises was the family home of the owner for approximately 20 years but she has not lived for there for the last five years.

Tenancy Tribunal case 5068912 — Tenancy dispute at 38 Litchfield Street, Redwoodtown, Blenheim 7201

At a glance

Claims & awards

Tenancy Tribunal case 5068912 — Tenancy dispute at 38 Litchfield Street, Redwoodtown, Blenheim 7201

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