What was Tenancy Tribunal case 4826125 about?

The tribunal order states: Lynette Palmer As Trustee Of The Palmer Family Trust is granted possession of

How much money was awarded in case 4826125?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4826125?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4826125?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10799888-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4826125 about?

The tribunal order states: Lynette Palmer As Trustee Of The Palmer Family Trust is granted possession of

How much money was awarded in case 4826125?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4826125?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4826125?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10799888-Tenancy_Tribunal_Order.pdf.

49 Links Avenue, Mount Maunganui, Mount Maunganui Tenancy Tribunal Case 4826125 — 14-day notice

Order

Lynette Palmer As Trustee Of The Palmer Family Trust is granted possession of the premises at 49 Links Avenue, Mount Maunganui, Mount Maunganui 3116 immediately.
[The tenant/s] must vacate the premises in 14 days.

Reasons

Both parties attended the hearing.
The Landlord is seeking a Possession Order pursuant to s 65 of the Residential Tenancies Act (Act).
A family member of the Tenant appeared on the Tenant’s behalf explaining he could not attend the hearing because he was undergoing surgery. This is the third time the matter has been called and Mr Palmer has been heard from by me on more that one occasion. It has been possible to proceed without the Tenant in this instance because the Landlord has provided the evidence which it was asked to provide, in the form of a letter from the Professional Trustee which makes the legal position clear beyond doubt. Grounds for Possession Under Section 65
Section 65 of the Act provides for the eviction of squatters or trespassers from residential premises upon application by the person entitled to possession. The section states: 65 Eviction of squatters (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.
The letter from the professional trustee states: “Tēnā koe Palmer Family Trust - 49 Links Ave
We write on behalf of Holland Beckett No 14 Ltd – one of the trustees of the Palmer Family Trust, and one of the legal owners of 49 Links Ave (the Property).
We were unaware of the current proceedings until July of this year. We have now consulted with the beneficiaries of the Trust and have agreed with the other trustee that the trust will be wound up. As a result, the trustees intend to place the Property on the market.
We are aware that a beneficiary of the Trust – Damian Palmer – had previously been allowed to live at the property, and paid rent for a period of years. While the arrangement was somewhat informal, it is our view that it was in the nature of a tenancy. However, Damian has ceased living at the property and has effectively sublet it to a relative who is not a beneficiary of the trust. This has been done without the trust’s consent.
In these circumstances, we consider that the current occupant of the premises has no lawful authority or grant to be there, and seek an order under s 65 of the Residential Tenancies Act 1986, to enable the property to be placed on the market for sale.
As trustee, we authorise our co-trustee – Lynette Palmer – to advance this application on our behalf.”
The Applicant is the owner of the premises and is entitled to possession.
The premises are residential.
The current occupant, a relative of the Tenant, is residing in the premises without lawful authority or any granted right of occupation by the Trustee or any other person with legal authority. As stated in the Trustee’s letter, the property was informally leased to the Tenant, Damian Palmer, but he has vacated the premises and effectively sublet the property without the consent of the Trust.
The occupant is not a beneficiary of the Trust and has no tenancy or formal agreement granting a right to occupy the property.
The Tribunal is satisfied the Landlord has provided sufficient evidence to demonstrate that the current occupant is residing in the property without legal right or consent from the lawful owners. The Trust has made its position clear regarding the unauthorised occupancy, and the legal grounds for possession are established.
While the family member representing the Tenant raised the issue of the Tenant’s absence due to surgery, the Tribunal finds that this does not change the fact that the current occupant has no legal right to remain in the premises.
The Tenant’s inability to attend today’s hearing has not affected the ability of the Tribunal to reach a decision, as the Landlord’s evidence is unequivocal.
As the Landlord has wholly succeeded in its application, the Tribunal orders the reimbursement of the filing fee of $20.44.

Order

Lynette Palmer As Trustee Of The Palmer Family Trust is granted possession of the premises at 49 Links Avenue, Mount Maunganui, Mount Maunganui 3116 immediately.
[The tenant/s] must vacate the premises in 14 days.

Reasons

Both parties attended the hearing.
The Landlord is seeking a Possession Order pursuant to s 65 of the Residential Tenancies Act (Act).
A family member of the Tenant appeared on the Tenant’s behalf explaining he could not attend the hearing because he was undergoing surgery. This is the third time the matter has been called and Mr Palmer has been heard from by me on more that one occasion. It has been possible to proceed without the Tenant in this instance because the Landlord has provided the evidence which it was asked to provide, in the form of a letter from the Professional Trustee which makes the legal position clear beyond doubt. Grounds for Possession Under Section 65
Section 65 of the Act provides for the eviction of squatters or trespassers from residential premises upon application by the person entitled to possession. The section states: 65 Eviction of squatters (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.
The letter from the professional trustee states: “Tēnā koe Palmer Family Trust - 49 Links Ave
We write on behalf of Holland Beckett No 14 Ltd – one of the trustees of the Palmer Family Trust, and one of the legal owners of 49 Links Ave (the Property).
We were unaware of the current proceedings until July of this year. We have now consulted with the beneficiaries of the Trust and have agreed with the other trustee that the trust will be wound up. As a result, the trustees intend to place the Property on the market.
We are aware that a beneficiary of the Trust – Damian Palmer – had previously been allowed to live at the property, and paid rent for a period of years. While the arrangement was somewhat informal, it is our view that it was in the nature of a tenancy. However, Damian has ceased living at the property and has effectively sublet it to a relative who is not a beneficiary of the trust. This has been done without the trust’s consent.
In these circumstances, we consider that the current occupant of the premises has no lawful authority or grant to be there, and seek an order under s 65 of the Residential Tenancies Act 1986, to enable the property to be placed on the market for sale.
As trustee, we authorise our co-trustee – Lynette Palmer – to advance this application on our behalf.”
The Applicant is the owner of the premises and is entitled to possession.
The premises are residential.
The current occupant, a relative of the Tenant, is residing in the premises without lawful authority or any granted right of occupation by the Trustee or any other person with legal authority. As stated in the Trustee’s letter, the property was informally leased to the Tenant, Damian Palmer, but he has vacated the premises and effectively sublet the property without the consent of the Trust.
The occupant is not a beneficiary of the Trust and has no tenancy or formal agreement granting a right to occupy the property.
The Tribunal is satisfied the Landlord has provided sufficient evidence to demonstrate that the current occupant is residing in the property without legal right or consent from the lawful owners. The Trust has made its position clear regarding the unauthorised occupancy, and the legal grounds for possession are established.
While the family member representing the Tenant raised the issue of the Tenant’s absence due to surgery, the Tribunal finds that this does not change the fact that the current occupant has no legal right to remain in the premises.
The Tenant’s inability to attend today’s hearing has not affected the ability of the Tribunal to reach a decision, as the Landlord’s evidence is unequivocal.
As the Landlord has wholly succeeded in its application, the Tribunal orders the reimbursement of the filing fee of $20.44.

Tenancy Tribunal case 4826125 — 14-day notice at 49 Links Avenue, Mount Maunganui, Mount Maunganui

At a glance

Claims & awards

Tenancy Tribunal case 4826125 — 14-day notice at 49 Links Avenue, Mount Maunganui, Mount Maunganui

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions