What was Tenancy Tribunal case 4886361 about?

The tribunal order states: Brunton's Property Solutions Limited As Agent For Tainui Group Holdings

How much money was awarded in case 4886361?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4886361?

The dispute type was not classified.

Where can I read the official tribunal order for case 4886361?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10460225-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4886361 about?

The tribunal order states: Brunton's Property Solutions Limited As Agent For Tainui Group Holdings

How much money was awarded in case 4886361?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4886361?

The dispute type was not classified.

Where can I read the official tribunal order for case 4886361?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10460225-Tribunal_Order_Redacted.pdf.

10 Penny Crescent, Ngaruawahia, RD 2, Ngaruawahia Tenancy Tribunal Case 4886361 — Tenancy dispute

Order

Brunton's Property Solutions Limited As Agent For Tainui Group Holdings Limited is granted possession of the premises at 10 Penny Crescent, Ngaruawahia, RD 2, Ngaruawahia 3792 immediately.

Reasons

Both parties attended the hearing. The whanau of the tenant attended.
The landlord seeks a possession order under s65 of the Residential Tenancies Act 1986 and eviction of the occupants of the property which the landlord says are squatters.
[Tenant 1] and her husband [Tenant 2] were tenants at the property for almost 20 years since 2005. [Tenant 2] died in 2020 and [Tenant 1] passed away on the 2 April this year. The home is the whanau home, and family understood that when [The tenant/s] died that the whanau may be able to apply to have the tenancy of the home, as other whanau in the village have.
Tainui Group Holdings Limited is redeveloping Hopu Hopu, to build more homes for members of their iwi. They are in the process of obtaining consent, with the plan being to demolish existing houses and rebuild on that land with more intensive housing.
TGH have a policy in place that when tenancies are terminated that no new tenancies will be given. This policy has only recently come into force.
Under s50A (1)(b) of the Residential Tenancies Act 1986 a landlord can give 21 days’ notice to the occupants of the home, after the death of the sole tenant, to end the tenancy and to vacated the property
I am satisfied that the landlord gave notice pursuant to s RTA on the 3 May and that the tenancy of [The tenant/s] terminated on the 24 May 2024.

Are the occupants living there squatters?

The Section 65 RTA 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.
Three elements must be established for the Tribunal to grant a possession order: 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 .
I am satisfied that the premises are residential premises and that the applicant is entitled to possession because they are the owner of the property.
As I am satisfied that the tenancy of [The tenant/s] ended on the 24 May 2024 and no new tenancy has been entered into with her family members, then those people living in the property have no legal right to lawful possession and therefore are squatters.
I am therefore required to make a possession order in favour of the Applicants. Suppression.
The whanau of the tenant have asked me to make to a suppression order in relation to their whanau name. I consider that appropriate. The tenant has not and did not breach her obligations and it would be inappropriate to have her name attached to this decision. There is no public interest in having the whanau name published.
TGH had asked for suppression but waived suppression at today’s hearing. I consider that appropriate as well, there is considerable public interest in the members of the iwi knowing how TGH is conducting its business.

Order

Brunton's Property Solutions Limited As Agent For Tainui Group Holdings Limited is granted possession of the premises at 10 Penny Crescent, Ngaruawahia, RD 2, Ngaruawahia 3792 immediately.

Reasons

Both parties attended the hearing. The whanau of the tenant attended.
The landlord seeks a possession order under s65 of the Residential Tenancies Act 1986 and eviction of the occupants of the property which the landlord says are squatters.
[Tenant 1] and her husband [Tenant 2] were tenants at the property for almost 20 years since 2005. [Tenant 2] died in 2020 and [Tenant 1] passed away on the 2 April this year. The home is the whanau home, and family understood that when [The tenant/s] died that the whanau may be able to apply to have the tenancy of the home, as other whanau in the village have.
Tainui Group Holdings Limited is redeveloping Hopu Hopu, to build more homes for members of their iwi. They are in the process of obtaining consent, with the plan being to demolish existing houses and rebuild on that land with more intensive housing.
TGH have a policy in place that when tenancies are terminated that no new tenancies will be given. This policy has only recently come into force.
Under s50A (1)(b) of the Residential Tenancies Act 1986 a landlord can give 21 days’ notice to the occupants of the home, after the death of the sole tenant, to end the tenancy and to vacated the property
I am satisfied that the landlord gave notice pursuant to s RTA on the 3 May and that the tenancy of [The tenant/s] terminated on the 24 May 2024.

Are the occupants living there squatters?

The Section 65 RTA 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.
Three elements must be established for the Tribunal to grant a possession order: 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 .
I am satisfied that the premises are residential premises and that the applicant is entitled to possession because they are the owner of the property.
As I am satisfied that the tenancy of [The tenant/s] ended on the 24 May 2024 and no new tenancy has been entered into with her family members, then those people living in the property have no legal right to lawful possession and therefore are squatters.
I am therefore required to make a possession order in favour of the Applicants. Suppression.
The whanau of the tenant have asked me to make to a suppression order in relation to their whanau name. I consider that appropriate. The tenant has not and did not breach her obligations and it would be inappropriate to have her name attached to this decision. There is no public interest in having the whanau name published.
TGH had asked for suppression but waived suppression at today’s hearing. I consider that appropriate as well, there is considerable public interest in the members of the iwi knowing how TGH is conducting its business.

Tenancy Tribunal case 4886361 — Tenancy dispute at 10 Penny Crescent, Ngaruawahia, RD 2, Ngaruawahia

At a glance

Claims & awards

Tenancy Tribunal case 4886361 — Tenancy dispute at 10 Penny Crescent, Ngaruawahia, RD 2, Ngaruawahia

At a glance

Claims & awards

Order

Reasons

Are the occupants living there squatters?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Are the occupants living there squatters?

Topics & place

Residential Tenancies Act sections

Frequently asked questions