Tenantcheck Insights · Case study
Tenancy Tribunal case 4684390 — Tenancy dispute in Maungatapu, Tauranga
Decided 24 Oct 2023 · Published 24 Oct 2023 · Application 4684390
At a glance
Key facts from the published tribunal order.
Location
Tauranga
Tribunal region
Adjudicator
J Tam
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
The claim is struck out for want of jurisdiction.
Reasons
- Only the applicant attended the hearing. The respondent did not.
- Mr Ngawhare seeks an eviction order from the Tenancy Tribunal against the respondent who has been occupying the section on 323 Maungatapu Road. The respondent has placed a cabin on the section initially with the permission of Mr Ngawhare’s uncle Mr Rawiri who has since passed away.
- No rent has been paid by the respondent in exchange of her occupation of the section on 323 Maungatapu Road. Mr Ngawhare confirms that there is no tenancy of any kind in place between the parties.
- Consequently, any right that the respondent may have to occupy the section on 323 Maungatapu Road is merely pursuant to a licence to occupy which can be revoked/withdrawn by the legal owner of the section on 323 Maungatapu Road.
- As authorised person to deal with the section on 323 Maungatapu Road, Mr Ngawhare has issued a trespass notice to the respondent.
- The Tenancy Tribunal however does not have jurisdiction to address the trespass notice issued to the respondent as there was never any residential tenancy agreement in place for the section on 323 Maungatapu Road.
- I therefore strike out this claim for want of jurisdiction.