What was Tenancy Tribunal case 4647869 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4647869?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4647869?

The dispute type was not classified.

Where can I read the official tribunal order for case 4647869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9540085-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4647869 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4647869?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4647869?

The dispute type was not classified.

Where can I read the official tribunal order for case 4647869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9540085-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4647869 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing which was held by teleconference.

There is some history to this dispute.

On 27 June 2023 the Tribunal made an order (application 4601690) granting immediate possession of the premises to the applicant pursuant to section 65 of the Residential Tenancies Act 1986 (eviction of squatters) (RTA).

On 6 October 2023 the Tribunal made an Order dismissing the respondent’s application for a rehearing of that Order. The October Order is the subject of an appeal to the District Court.

The respondent was evicted from the premises on 21 July 2023 but left goods at the premises.

The applicant brings this application under s.62B RTA which is as follows: “62B Disposal of abandoned goods in accordance with Tribunal order (1) The landlord may apply to the Tribunal for an order for the disposal of the goods to which section 62(3) applies, including any personal documents belonging to the tenant. (2) On an application under subsection (1), the Tribunal must make an order— (a) for the return of the goods to the tenant; or (b) if that is not practicable, for the sale or other disposition of the goods. (3) Without limiting section 78(3), the Tribunal may, in making an order for the sale or other disposition of goods under this section, direct that the order is not to take effect unless the tenant has had the opportunity to collect the goods within a period specified in the order or unless another condition is met. (4) If the Tribunal makes an order for the sale of goods under this section, the order must state the amount owing (if any) to the landlord out of the proceeds of sale.”

The respondent says that he is under advice not to remove those goods – notwithstanding that the Order dated 27 June 2023 required that possession ie vacant possession, be given to the applicants.

The difficulty with this application however is that an application under s.62B may only be made by a “landlord”. In terms of s.2 that means “....the grantor of a tenancy of the premises under the agreement” or in this context “...a lawful successor in title of a landlord to the premises.”

Here, there is no landlord/ tenant relationship between the parties and the basis for the s.65 Order was that the respondent had no right of occupation under the RTA.

In short, my view is that the Tribunal does not have jurisdiction to make Orders under s.62B in relation to goods owned by one party, in favour of another party, unless those parties are the landlord and tenant under a residential tenancy agreement.

Reasons

Both parties attended the hearing which was held by teleconference.

There is some history to this dispute.

On 6 October 2023 the Tribunal made an Order dismissing the respondent’s application for a rehearing of that Order. The October Order is the subject of an appeal to the District Court.

The respondent was evicted from the premises on 21 July 2023 but left goods at the premises.

The respondent says that he is under advice not to remove those goods – notwithstanding that the Order dated 27 June 2023 required that possession ie vacant possession, be given to the applicants.

Here, there is no landlord/ tenant relationship between the parties and the basis for the s.65 Order was that the respondent had no right of occupation under the RTA.

Tenancy Tribunal case 4647869 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4647869 — 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