What was the outcome of Tenancy Tribunal case 5080808?

The tribunal order states: Department Of Conservation is granted possession of the premises at 65 CD

How much money was awarded in case 5080808?

Verified claim lines are listed on this page.

Where can I read the official tribunal order for case 5080808?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11285667-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5080808?

The tribunal order states: Department Of Conservation is granted possession of the premises at 65 CD

How much money was awarded in case 5080808?

Verified claim lines are listed on this page.

Where can I read the official tribunal order for case 5080808?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11285667-Tenancy_Tribunal_Order.pdf.

65 CD Farm Road, Levin, RD 1, Levin 5571, Administration Tenancy Tribunal Case 5080808 — Leaks

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Reasons

The Landlord attended the hearing by phone. The Tenant was not contactable on the number provided.

The Landlord explains, it is a government department and is charged with the administration of the premises on behalf of the Crown, the legal owner of the property.

Previously, the premises were administered by the Ministry of Justice and the Ministry of Social Development as a hostel for youth offenders (‘naughty boys’).

The Landlord says the current occupier refuses to leave and claims they had a lease of the land and could remain living at the premises as its caretakers.

The premises are in a state of disrepair, with vehicles discarded on the yard, and clear signs of lack of caretaking. The Landlord states in its application: The tenant has been asked several times to leave the property as it is not fit for tenancy. There are a number of issues with the building, including potential water ingress, asbestos contamination and damaged electrical components. The Department is not in a position to address these issues and has advised the tenant that the property is unsafe. A copy of the building condition assessment report is attached as supporting information.

Section 65 of the Residential Tenancies Act 1986 (the Act) provides for the eviction of squatters or trespassers from residential premises upon application by the person entitled to possession. The section states that the Tribunal shall make a possession order granting possession of the premises to the applicant if satisfied that any other person is in possession as a squatter or trespasser.

It is unclear to me whether there was a tenancy in existence when the Landlord took over administration of the premises. The accept they were aware of an occupier at the premises and of their responsibility for caretaking when the premises were still being used as a youth facility. However, what is clear is that the premises are not being cared for, and they are no longer being used for the purposes of housing youths.

Consequently, I grant possession to the Landlord pursuant to s 65 of the Act.

Reasons

The Landlord attended the hearing by phone. The Tenant was not contactable on the number provided.

The Landlord explains, it is a government department and is charged with the administration of the premises on behalf of the Crown, the legal owner of the property.

Previously, the premises were administered by the Ministry of Justice and the Ministry of Social Development as a hostel for youth offenders (‘naughty boys’).

The Landlord says the current occupier refuses to leave and claims they had a lease of the land and could remain living at the premises as its caretakers.

Consequently, I grant possession to the Landlord pursuant to s 65 of the Act.

Tenancy Tribunal case 5080808 — Leaks at 65 CD Farm Road, Levin, RD 1, Levin 5571, Administration

At a glance

Tenancy Tribunal case 5080808 — Leaks at 65 CD Farm Road, Levin, RD 1, Levin 5571, Administration

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions