What was Tenancy Tribunal case 4959553 about?

The tribunal order states: Public Trust As Executor And Trustee For The Estate Of Rangiporoa Anderson

How much money was awarded in case 4959553?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4959553?

The dispute type was not classified.

Where can I read the official tribunal order for case 4959553?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10910912-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4959553 about?

The tribunal order states: Public Trust As Executor And Trustee For The Estate Of Rangiporoa Anderson

How much money was awarded in case 4959553?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4959553?

The dispute type was not classified.

Where can I read the official tribunal order for case 4959553?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10910912-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4959553 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing by telephone.

The landlord has applied for possession of the premises following the termination of the tenancy.

The Tenant has resided at the property since 1982. At that time, his mother passed and in her will, she provided for the Tenant to reside at the property until his death or he sought to leave but subject to a number of conditions which included the payment of the land rates. Over time, the land rates were not paid and a debt of over $20,000.00 accrued.

The Landlord served the Tenant with a notice to vacate on 20 June 2024. An affidavit of service was subsequently filed.

The Tenant seeks to continue living at the property until he passes. Unfortunately, the Tenant suffers from cancer and has submitted he has only a few weeks to live.

The Landlord was very sympathetic towards the Tenant however they had to proceed with their application for possession of the property. The law

Section 65 of the Residential Tenancies Act 1986 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.

In considering the evidence, the Tenant occupied the property pursuant to a license to occupy created in his mother’s will. The Landlord revoked this because the Tenant failed to pay the rates which were now in significant arrears. I am satisfied the Tenant was served with the notice to vacate.

For this reason, possession is granted to the landlord on 27 October 2024. The Landlord sought this date to allow the tenant sufficient time to vacate the property.

The Tenant has sought name suppression and this is granted because of the Tenants medical issues and the issues are of nominal interest to the Public.

Reasons

Both parties attended the hearing by telephone.

The landlord has applied for possession of the premises following the termination of the tenancy.

The Landlord served the Tenant with a notice to vacate on 20 June 2024. An affidavit of service was subsequently filed.

The Tenant seeks to continue living at the property until he passes. Unfortunately, the Tenant suffers from cancer and has submitted he has only a few weeks to live.

The Landlord was very sympathetic towards the Tenant however they had to proceed with their application for possession of the property. The law

For this reason, possession is granted to the landlord on 27 October 2024. The Landlord sought this date to allow the tenant sufficient time to vacate the property.

The Tenant has sought name suppression and this is granted because of the Tenants medical issues and the issues are of nominal interest to the Public.

Tenancy Tribunal case 4959553 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4959553 — 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