What was Tenancy Tribunal case 4377740 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4377740?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4377740?

The dispute type was not classified.

Where can I read the official tribunal order for case 4377740?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8464623-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4377740 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4377740?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4377740?

The dispute type was not classified.

Where can I read the official tribunal order for case 4377740?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8464623-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4377740 — Tenancy dispute

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
The application for rehearing is dismissed.
[The landlord/s] is entitled to possession of the property at 9am on the 2 February 2023.

Reasons

Both parties attended the hearing. [The landlord’s representative] attended for the Applicant.
[The tenant/s] has applied for the rehearing of the Tribunal’s order of 22 September 2022 granting possession to the Applicant.
On the 10 th of October 2022 I part heard the rehearing application and adjourned the rehearing consideration hearing in order to allow the Respondent to obtain legal advice.
[The tenant/s]’s grounds for rehearing is that: a. That [The landlord/s] are not the correct legal owners because the transfer to them had no basis in law; b. That the [The landlord/s] are mismanaging the Trust and should be removed as trustees. c. That the trust deed, memorandum of wishes and his late mother’s Will provide that he is to live in the property and that the trustees would be in breach of the trust if they evicted him.
[The landlord/s] disputes all of these arguments and says that the legal owners of the property and that they need to sell the property in order to fulfil the obligations of having a suitable place for [The tenant/s] to reside.
I allowed [The tenant/s] time from the 10 th of October to obtain legal advice, but he says today that he has been unable to get legal advice because he cannot find a lawyer who can act for him in these matters. He tells me that his lawyers were away or busy today when he tried to contact them.
The Applicant provided me with a copy of the certificate of title for the property. The Register of Title [Redacted] records the Applicant as the owner. The Tribunal cannot look behind the title. If the Respondent wishes to dispute the Applicant’s legal right to ownership or their administration of the trust or estate those applications have to be made to the High Court.
Section 105(1) Residential Tenancies Act 1986 provides that the Tribunal has the power to order a rehearing where “a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur”.
The Respondent has been unable to satisfy me that substantial wrong or miscarriage of justice has or may occur. This is because there is no evidence that refutes the Applicant’s ownership of the property.
In my original decision of the 22 September 2022, I recorded that [The tenant/s] is there by way of a licence to occupy which had been revoked. I record that at today’s hearing the Applicant confirmed that it would allow [The tenant/s] to remain at the property until the 1 February 2023. I have therefore granted possession to the Applicant on the 2 February 2023.
I have advised [The tenant/s] that if he wishes to make claims that Applicant has been incorrectly transferred the property or that they are administering the estate or Trust incorrectly that these are matters for the High Court to determine.

Reasons

Both parties attended the hearing. [The landlord’s representative] attended for the Applicant.

[The tenant/s] has applied for the rehearing of the Tribunal’s order of 22 September 2022 granting possession to the Applicant.

On the 10 th of October 2022 I part heard the rehearing application and adjourned the rehearing consideration hearing in order to allow the Respondent to obtain legal advice.

[The tenant/s]’s grounds for rehearing is that: a. That [The landlord/s] are not the correct legal owners because the transfer to them had no basis in law; b. That the [The landlord/s] are mismanaging the Trust and should be removed as trustees. c. That the trust deed, memorandum of wishes and his late mother’s Will provide that he is to live in the property and that the trustees would be in breach of the trust if they evicted him.

[The landlord/s] disputes all of these arguments and says that the legal owners of the property and that they need to sell the property in order to fulfil the obligations of having a suitable place for [The tenant/s] to reside.

I allowed [The tenant/s] time from the 10 th of October to obtain legal advice, but he says today that he has been unable to get legal advice because he cannot find a lawyer who can act for him in these matters. He tells me that his lawyers were away or busy today when he tried to contact them.

The Applicant provided me with a copy of the certificate of title for the property. The Register of Title [Redacted] records the Applicant as the owner. The Tribunal cannot look behind the title. If the Respondent wishes to dispute the Applicant’s legal right to ownership or their administration of the trust or estate those applications have to be made to the High Court.

Section 105(1) Residential Tenancies Act 1986 provides that the Tribunal has the power to order a rehearing where “a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur”.

The Respondent has been unable to satisfy me that substantial wrong or miscarriage of justice has or may occur. This is because there is no evidence that refutes the Applicant’s ownership of the property.

In my original decision of the 22 September 2022, I recorded that [The tenant/s] is there by way of a licence to occupy which had been revoked. I record that at today’s hearing the Applicant confirmed that it would allow [The tenant/s] to remain at the property until the 1 February 2023. I have therefore granted possession to the Applicant on the 2 February 2023.

I have advised [The tenant/s] that if he wishes to make claims that Applicant has been incorrectly transferred the property or that they are administering the estate or Trust incorrectly that these are matters for the High Court to determine.

Tenancy Tribunal case 4377740 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4377740 — Tenancy dispute

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