What was Tenancy Tribunal case 4762218 about?

The tribunal order states: [The landlord/s] is granted possession of the premises at [Tenancy address

How much money was awarded in case 4762218?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4762218?

The dispute type was not classified.

Where can I read the official tribunal order for case 4762218?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10863613-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4762218 about?

The tribunal order states: [The landlord/s] is granted possession of the premises at [Tenancy address

How much money was awarded in case 4762218?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4762218?

The dispute type was not classified.

Where can I read the official tribunal order for case 4762218?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10863613-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4762218 — Tenancy dispute

Order

[The landlord/s] is granted possession of the premises at [Tenancy address suppressed] immediately. (Sections 65 and 78(1)(b) Residential Tenancies Act 1986)

Reasons

The Public Trust have applied under s65 of the Residential Tenancies Act 1986 for a possession order claiming that the respondent is a squatter. Section 65 provides: (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. (2) Nothing in subsection (1) shall limit or affect the provisions of the Trespass Act 1980, or any other remedy that may be available to the person lawfully entitled to possession of the premises. (3) To avoid doubt, the Tribunal has jurisdiction under this section even though the premises are not subject to a tenancy agreement.
[Tenancy address suppressed] is owned by the Public Trust as trustee [of the estates of the deceased].
The respondent is the son and stepson of [the deceased]. The respondent was gifted a right of occupancy under both [deceased] wills. (See clause 4 of the Wills of both [deceased]). That right of occupancy is subject to [The respondent/s] paying the rates, keeping the property insured and maintaining the property to the condition it was in at the date of the deceased death. (Clause 4.3 in both wills)
The Public Trust claims that [The respondent/s] has not paid the rates, insured the property and maintained the property, and therefore has invalidated his right of occupancy.
Three elements must be established for the Tribunal to grant a possession order in a squatter application: a. The property must be residential premises. b. The applicant must be entitled to possession of the premises. c. The occupier is a squatter or trespasser or a person without any right of occupation to be in the premises granted by a person having lawful authority to do so. If these three elements are established, then the Tribunal must make a possession order. It is mandatory. See the District Court and High Court’s decisions of Sergeant v Nigro [2019] NZDC 1060 at [25] to [26]; and [2019] NZHC 328 at [83] to [94]. 1

Is the property a residential premises?

The answer is yes.

Is the applicant entitled to possession of the premises?

The Public Trust is the registered proprietor of the property.
The Public Trust has referred me to s128 of the Public Trust Act 2001. That section provides allows the Public Trust to take back possession of a property if the occupant who has been gifted the right of occupancy pursuant to a Will fails to meet the obligations set out in the Will(s). (See Section 128(2-4) Public Trust Act 2001)
If the Public Trust wish to take back possession, then they must prove the following: 1 Leave to Appeal the High Court’s decision to the Court of Appeal was allowed by the High Court – See Sergeant v Nigro [2019] NZHC 902 (26 April 2019). The appeal to the Court of Appeal was filed CA 516/2018 but was abandoned by the parties in October 2019. a) That [The respondent/s] legal occupancy of [Tenancy address suppressed] is due to his interest in his father’s and stepmother’s estate; b) That [The respondent/s] is failing to meet the conditions of the occupancy. c) That the Public Trust have given [The respondent/s] an opportunity to make good his failure to meet the conditions of the occupancy d) That the Public Trust have given [The respondent/s] written notice of a date that the Public Trust will take back possession in accordance with the provisions of s128(2)and (3); e) And that [The respondent/s] having received that Notice has failed to give up possession of the property.
Having considered all the evidence, I am satisfied that the Public Trust is entitled to possession of the property for the following reasons: a. The respondent’s legal occupancy is derived from his interest in his father’s and stepmother’s estate and is subject to conditions to pay the insurance and rates. b. The respondent has not paid the insurance on the property for a number of years and has not paid the rates on the property. As the estates have no capital or income except the property, the Public Trust has had to make payment of the insurance on the property out of public funds, and the estates have incurred a debt of some $12,000 for insurance premiums. There is also approximately $5000 owed in rates. I understand that from time to time the respondent makes a payment towards the rates, but they remain in significant arrears. c. The respondent has failed to observe his duty to pay the rates and insurance on the property on time. d. I am satisfied that the Public Trust has served notice on the respondent on 18 April 2024 by personal service requiring the respondent to give back possession of the property on the 24 May 2024 and that the respondent has failed to give back possession. e. The requirements of s128(3) Public Trust Act 2001 have been met and therefore the Public Trust is entitled to possession pursuant to section 128(4) Public Trust Act 2001. Does [The respondent/s] have any legal right of occupation?
No, as the respondent has failed to observe his duties to pay the rates and insurances, the Public Trust are entitled to possession, he has no legal right to occupy the premises.
As all three questions as set out in Sergeant v Nigro have been met then the Tribunal must make a possession order pursuant to section 65 of the Residential Tenancies Act 1986. Suppression
Under section 95(4) RTA, the Tribunal may suppress the names and identifying details of a party if it considers that it is in the interests to do so. I do not consider that it is in the public interest to know the names and identities of the respondent and the names of the deceased estates in this matter. This is essentially a private family matter, and I would not like to invite media attention on the individuals involved by publishing their names and therefore I suppress the names of respondent and the names of the deceased. However, I do consider that there is public interest in knowing and understanding the law as it relates to tenants with life interests in estates administered by the Public Trust and therefore, I allow publication of the decision with the respondent and deceased name suppressed.

Order

[The landlord/s] is granted possession of the premises at [Tenancy address suppressed] immediately. (Sections 65 and 78(1)(b) Residential Tenancies Act 1986)

Reasons

The Public Trust have applied under s65 of the Residential Tenancies Act 1986 for a possession order claiming that the respondent is a squatter. Section 65 provides: (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. (2) Nothing in subsection (1) shall limit or affect the provisions of the Trespass Act 1980, or any other remedy that may be available to the person lawfully entitled to possession of the premises. (3) To avoid doubt, the Tribunal has jurisdiction under this section even though the premises are not subject to a tenancy agreement.
[Tenancy address suppressed] is owned by the Public Trust as trustee [of the estates of the deceased].
The respondent is the son and stepson of [the deceased]. The respondent was gifted a right of occupancy under both [deceased] wills. (See clause 4 of the Wills of both [deceased]). That right of occupancy is subject to [The respondent/s] paying the rates, keeping the property insured and maintaining the property to the condition it was in at the date of the deceased death. (Clause 4.3 in both wills)
The Public Trust claims that [The respondent/s] has not paid the rates, insured the property and maintained the property, and therefore has invalidated his right of occupancy.
Three elements must be established for the Tribunal to grant a possession order in a squatter application: a. The property must be residential premises. b. The applicant must be entitled to possession of the premises. c. The occupier is a squatter or trespasser or a person without any right of occupation to be in the premises granted by a person having lawful authority to do so. If these three elements are established, then the Tribunal must make a possession order. It is mandatory. See the District Court and High Court’s decisions of Sergeant v Nigro [2019] NZDC 1060 at [25] to [26]; and [2019] NZHC 328 at [83] to [94]. 1

Is the property a residential premises?

The answer is yes.

Is the applicant entitled to possession of the premises?

The Public Trust is the registered proprietor of the property.
The Public Trust has referred me to s128 of the Public Trust Act 2001. That section provides allows the Public Trust to take back possession of a property if the occupant who has been gifted the right of occupancy pursuant to a Will fails to meet the obligations set out in the Will(s). (See Section 128(2-4) Public Trust Act 2001)
If the Public Trust wish to take back possession, then they must prove the following: 1 Leave to Appeal the High Court’s decision to the Court of Appeal was allowed by the High Court – See Sergeant v Nigro [2019] NZHC 902 (26 April 2019). The appeal to the Court of Appeal was filed CA 516/2018 but was abandoned by the parties in October 2019. a) That [The respondent/s] legal occupancy of [Tenancy address suppressed] is due to his interest in his father’s and stepmother’s estate; b) That [The respondent/s] is failing to meet the conditions of the occupancy. c) That the Public Trust have given [The respondent/s] an opportunity to make good his failure to meet the conditions of the occupancy d) That the Public Trust have given [The respondent/s] written notice of a date that the Public Trust will take back possession in accordance with the provisions of s128(2)and (3); e) And that [The respondent/s] having received that Notice has failed to give up possession of the property.
Having considered all the evidence, I am satisfied that the Public Trust is entitled to possession of the property for the following reasons: a. The respondent’s legal occupancy is derived from his interest in his father’s and stepmother’s estate and is subject to conditions to pay the insurance and rates. b. The respondent has not paid the insurance on the property for a number of years and has not paid the rates on the property. As the estates have no capital or income except the property, the Public Trust has had to make payment of the insurance on the property out of public funds, and the estates have incurred a debt of some $12,000 for insurance premiums. There is also approximately $5000 owed in rates. I understand that from time to time the respondent makes a payment towards the rates, but they remain in significant arrears. c. The respondent has failed to observe his duty to pay the rates and insurance on the property on time. d. I am satisfied that the Public Trust has served notice on the respondent on 18 April 2024 by personal service requiring the respondent to give back possession of the property on the 24 May 2024 and that the respondent has failed to give back possession. e. The requirements of s128(3) Public Trust Act 2001 have been met and therefore the Public Trust is entitled to possession pursuant to section 128(4) Public Trust Act 2001. Does [The respondent/s] have any legal right of occupation?
No, as the respondent has failed to observe his duties to pay the rates and insurances, the Public Trust are entitled to possession, he has no legal right to occupy the premises.
As all three questions as set out in Sergeant v Nigro have been met then the Tribunal must make a possession order pursuant to section 65 of the Residential Tenancies Act 1986. Suppression
Under section 95(4) RTA, the Tribunal may suppress the names and identifying details of a party if it considers that it is in the interests to do so. I do not consider that it is in the public interest to know the names and identities of the respondent and the names of the deceased estates in this matter. This is essentially a private family matter, and I would not like to invite media attention on the individuals involved by publishing their names and therefore I suppress the names of respondent and the names of the deceased. However, I do consider that there is public interest in knowing and understanding the law as it relates to tenants with life interests in estates administered by the Public Trust and therefore, I allow publication of the decision with the respondent and deceased name suppressed.

Tenancy Tribunal case 4762218 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4762218 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Is the property a residential premises?

Is the applicant entitled to possession of the premises?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Is the property a residential premises?

Is the applicant entitled to possession of the premises?

Topics & place

Residential Tenancies Act sections

Frequently asked questions