What was Tenancy Tribunal case 4904863 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4904863?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4904863?

The dispute type was not classified.

Where can I read the official tribunal order for case 4904863?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10537328-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4904863 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4904863?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4904863?

The dispute type was not classified.

Where can I read the official tribunal order for case 4904863?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10537328-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4904863 — Tenancy dispute

Order

The application is dismissed.

Reasons

[The landlord/s] appeared for the applicant. There was no appearance by the respondent.
The applicant states that the respondents are [The landlord/s] elderly parents. The applicant states that in 2004 they purchased the property, which includes a house and around 86 acres, from the respondent. The applicant states that the parties verbally agreed that the respondent would continue to reside at the property with the applicant until the respondents passed away. However, the applicants state that the parties were unable to cohabit, leading to their moving out. The applicant states that the respondents are suffering significant cognitive decline and, in their opinion, have a diminished capacity to care for themselves. Attempts to persuade the respondents to move from the property have been unsuccessful. The applicants have produced a 90-day notice issued on the basis that they intend, as legal owners, to sell the property. Despite this, the respondents remain in occupation. The applicants state they were advised to make an application to the Tribunal for possession on the basis that the respondent has failed to vacate the property as per the notice.
The applicants have not made an application for possession on the basis that the respondents are squatters or trespassers or do not have any other right of occupation, see section 65(1) of the Residential Tenancies Act 1986 (the “Act”)
The applicants have referred in their application to “termination of an unpaid tenancy....” The applicant states that the agreement that the respondents remain in the house was never formalised in writing, and no payment was made by the respondent in return for their right to remain in occupation. This presents a jurisdictional issue.
With the exception of section 65 of the Act, the Tribunal has jurisdiction to deal with disputes arising between landlords and tenants regarding tenancy agreements.
Section 2(1) of the Act defines a landlord as the grantor of a tenancy under a tenancy agreement of residential premises. A tenant is the grantee of the tenancy. The terms “tenancy” and “tenancy agreement” are defined as: Tenancy, in relation to any residential premises, means the right to occupy the premises (whether exclusively or otherwise) in consideration for rent; and includes any tenancy of residential premises implied or created by any enactment; and, where appropriate, also includes a former tenancy. Tenancy agreement, in relation to any residential premises, means any express or implied agreement under which any person, for rent, grants or agrees to grant to any other person a tenancy of the premises; and, where appropriate, includes a former tenancy agreement and any variation of a tenancy agreement.
Although the applicant appears to have granted the respondent a right to occupy the property, it is not in consideration for rent. On that basis, there is no tenancy and no tenancy agreement. The Tribunal does not have jurisdiction to deal with the claim as filed. The application for termination and possession is dismissed.
The situation, as explained by the applicants, appears less than ideal for all parties. The Tribunal anticipates that the applicant will seek legal advice from someone suitably qualified before returning to the Tribunal. Name suppression
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
Section 95A (4) of the Act allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.
Although the applicant has not been successful and is not under section 95A of the Act entitled to name suppression, given the personal nature of the relationship and circumstances in which the application is made, I am satisfied that there are grounds to exercise the discretion in section 95A(4) and suppress the names of both parties and the address of the property.

Reasons

[The landlord/s] appeared for the applicant. There was no appearance by the respondent.

The applicant states that the respondents are [The landlord/s] elderly parents. The applicant states that in 2004 they purchased the property, which includes a house and around 86 acres, from the respondent. The applicant states that the parties verbally agreed that the respondent would continue to reside at the property with the applicant until the respondents passed away. However, the applicants state that the parties were unable to cohabit, leading to their moving out. The applicant states that the respondents are suffering significant cognitive decline and, in their opinion, have a diminished capacity to care for themselves. Attempts to persuade the respondents to move from the property have been unsuccessful. The applicants have produced a 90-day notice issued on the basis that they intend, as legal owners, to sell the property. Despite this, the respondents remain in occupation. The applicants state they were advised to make an application to the Tribunal for possession on the basis that the respondent has failed to vacate the property as per the notice.

The applicants have not made an application for possession on the basis that the respondents are squatters or trespassers or do not have any other right of occupation, see section 65(1) of the Residential Tenancies Act 1986 (the “Act”)

The applicants have referred in their application to “termination of an unpaid tenancy....” The applicant states that the agreement that the respondents remain in the house was never formalised in writing, and no payment was made by the respondent in return for their right to remain in occupation. This presents a jurisdictional issue.

With the exception of section 65 of the Act, the Tribunal has jurisdiction to deal with disputes arising between landlords and tenants regarding tenancy agreements.

Section 2(1) of the Act defines a landlord as the grantor of a tenancy under a tenancy agreement of residential premises. A tenant is the grantee of the tenancy. The terms “tenancy” and “tenancy agreement” are defined as: Tenancy, in relation to any residential premises, means the right to occupy the premises (whether exclusively or otherwise) in consideration for rent; and includes any tenancy of residential premises implied or created by any enactment; and, where appropriate, also includes a former tenancy. Tenancy agreement, in relation to any residential premises, means any express or implied agreement under which any person, for rent, grants or agrees to grant to any other person a tenancy of the premises; and, where appropriate, includes a former tenancy agreement and any variation of a tenancy agreement.

Although the applicant appears to have granted the respondent a right to occupy the property, it is not in consideration for rent. On that basis, there is no tenancy and no tenancy agreement. The Tribunal does not have jurisdiction to deal with the claim as filed. The application for termination and possession is dismissed.

The situation, as explained by the applicants, appears less than ideal for all parties. The Tribunal anticipates that the applicant will seek legal advice from someone suitably qualified before returning to the Tribunal. Name suppression

Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.

Section 95A (4) of the Act allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.

Although the applicant has not been successful and is not under section 95A of the Act entitled to name suppression, given the personal nature of the relationship and circumstances in which the application is made, I am satisfied that there are grounds to exercise the discretion in section 95A(4) and suppress the names of both parties and the address of the property.

Tenancy Tribunal case 4904863 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4904863 — 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