What was Tenancy Tribunal case 4972639 about?

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

How much money was awarded in case 4972639?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4972639?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4972639?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10961237-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4972639 about?

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

How much money was awarded in case 4972639?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4972639?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4972639?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10961237-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4972639 — Boarding House

Reasons

Mr L attended the hearing. He confirmed that he has instructions to act for all trustees. There was no appearance by the respondent.

The applicant has applied for possession of the premises under section 65 of the Residential Tenancies Act 1986.

The applicant provided a summary setting out the background to this matter. The applicants have owned the premises at 74 Tyndall St Pahiatua since 2015. Mr L provided a copy of a certificate of title WN 158/77 for the premises showing that the property was transferred to them on 31 October 2015. A copy of the Deed of Trust was also provided.

Since the end of 2015 or 2016 the respondent has been living at the premises. She is the daughter of Mr L.

Section 5(1)(n) of the Act says that where the premises, not being a boarding house, continue to be used, during the tenancy, principally as a place of residence by the landlord or the owner of the premises or by any member of the landlord’s or owner’s family, the Residential Tenancies Act does not apply.

The applicants referred to a decision of the Tribunal which noted that in DC Lothbury Management Ltd v Ryan and Mad Donald [2021] NZDC 4902 the Court held that a trustee is an owner when the property is held in trust.

That means that because [the respondent] is the daughter of the trustee, the Tribunal does not have jurisdiction to deal with disputes between the owner and occupier.

There is an exception. 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.

I am satisfied that the premises are residential premises and that the applicants are entitled to possession of the premises.

The applicants also filed a resolution of the Trustees dated 29 May 2024, signed by Mr Cresswell and two directors of [the Trust Company] recording that the Trustees no longer permitted the respondent to live at the property and that they would apply to the Tenancy Tribunal for a possession order.

I am satisfied that the respondent does not have a right of occupation and grant a possession order under section 65.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

This Tribunal does not have jurisdiction to deal with any outstanding issues such as unpaid rent or damage to the premises.

Order

[The landlord/s] is granted possession of the premises at [Tenancy address suppressed] immediately.
The respondent must pay [The landlord/s] the filing fee of $27.00 immediately.

Reasons

Mr L attended the hearing. He confirmed that he has instructions to act for all trustees. There was no appearance by the respondent.
The applicant has applied for possession of the premises under section 65 of the Residential Tenancies Act 1986.
The applicant provided a summary setting out the background to this matter. The applicants have owned the premises at 74 Tyndall St Pahiatua since 2015. Mr L provided a copy of a certificate of title WN 158/77 for the premises showing that the property was transferred to them on 31 October 2015. A copy of the Deed of Trust was also provided.
Since the end of 2015 or 2016 the respondent has been living at the premises. She is the daughter of Mr L.
Section 5(1)(n) of the Act says that where the premises, not being a boarding house, continue to be used, during the tenancy, principally as a place of residence by the landlord or the owner of the premises or by any member of the landlord’s or owner’s family, the Residential Tenancies Act does not apply.
The applicants referred to a decision of the Tribunal which noted that in DC Lothbury Management Ltd v Ryan and Mad Donald [2021] NZDC 4902 the Court held that a trustee is an owner when the property is held in trust.
That means that because [the respondent] is the daughter of the trustee, the Tribunal does not have jurisdiction to deal with disputes between the owner and occupier.
There is an exception. 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.
I am satisfied that the premises are residential premises and that the applicants are entitled to possession of the premises.
The applicants also filed a resolution of the Trustees dated 29 May 2024, signed by Mr Cresswell and two directors of [the Trust Company] recording that the Trustees no longer permitted the respondent to live at the property and that they would apply to the Tenancy Tribunal for a possession order.
I am satisfied that the respondent does not have a right of occupation and grant a possession order under section 65.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
This Tribunal does not have jurisdiction to deal with any outstanding issues such as unpaid rent or damage to the premises.

Tenancy Tribunal case 4972639 — Boarding House

At a glance

Tenancy Tribunal case 4972639 — Boarding House

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions