What was Tenancy Tribunal case 4989828 about?

The tribunal order states: Kāinga Ora–Homes And Communities is granted possession of the premises at

How much money was awarded in case 4989828?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4989828?

The dispute type was not classified.

Where can I read the official tribunal order for case 4989828?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11068712-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4989828 about?

The tribunal order states: Kāinga Ora–Homes And Communities is granted possession of the premises at

How much money was awarded in case 4989828?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4989828?

The dispute type was not classified.

Where can I read the official tribunal order for case 4989828?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11068712-Tribunal_Order_Redacted.pdf.

60 Ivanhoe Road, Grey Lynn, Auckland 1021 Tenancy Tribunal Case 4989828 — Tenancy dispute

Order

Kāinga Ora–Homes And Communities is granted possession of the premises at 60 Ivanhoe Road, Grey Lynn, Auckland 1021 at 11.59 pm on Friday 13 December 2024.

Reasons

Both parties attended the hearing.
The landlord has applied for possession of the premises following the passing of [the tenant] in May this year.
The landlord wants possession of the tenancy premises because [the tenant’s husband] is not a named tenant on the tenancy agreement. [The tenant’s husband] replied that he should be able to stay. His reasons for this included: • His name should not have been crossed off the original tenancy agreement • No one initialled the tenancy agreement where his name was crossed off • He was never told he needed to sign the tenancy agreement • He has always been the one to pay rent and he is still paying the rent • He asked to be added to the tenancy agreement and the landlord did not arrange for this to happen • He is living in the house with his son.
The tenancy agreement was signed on 18 December 1991. It is hard to read. [The tenant] and [the tenant’s husband] were both named on the tenancy agreement but [the tenant’s husband]’s name was crossed out. A representative for the landlord signed the tenancy agreement. The copy I have has not been signed by [the tenant] or [the tenant’s husband]. There is another document which looks to be a contemporaneous file note made by the same person who signed the tenancy agreement. The note states: [The tenant’s husband] was to join tenancy but didn’t come in at prearranged time – tenancy to remain in [the tenant]’s name for the time being.
It seems most likely to me the tenancy agreement written up in 1991 with [the tenant]’s name on it is the legally enforceable agreement. My reasons for this include: • [The tenant’s husband] does not have a tenancy agreement with his name and signature on it • [The tenant’s husband]’s name was crossed off the tenancy agreement and there was a file note made at the time explaining the reason his name was crossed off • The file note confirms that the landlord intended [the tenant] to be the sole tenant when the tenancy agreement was signed. • It is not unusual for a tenancy agreement to have corrections made to it that are not initialled • Whether or not the landlord invited [the tenant’s husband] to an appointment all those years ago is not relevant now because when she passed [the tenant] was the sole tenant • Paying rent is does not make [the tenant’s husband] a tenant • Whether or not the landlord was asked to include [the tenant’s husband] on the tenancy agreement before [The tenant] passed is no longer relevant because when she passed [The tenant] was the sole tenant • The landlord has offered a two bedroom house to [the tenant’s husband] and his son because they are eligible for social housing.
I find that [The tenant] was the sole tenant when she died. The Residential Tenancies Act 1986 (RTA) is the law that covers this situation. Section 50A(1) RTA states that: On the death of a sole tenant under a tenancy agreement ... the tenancy agreement terminates on the earliest of the following dates: (a) the date that is the 21st day after the date on which the personal representative of the tenant or a person who is the tenant’s next of kin gives the landlord written notice of the death of the tenant: (b) the date that is the 21st day after the landlord gives the personal representative of the tenant or a person who is the tenant’s next of kin written notice to vacate the premises that are the subject of the tenancy agreement: (c) the date that is agreed in writing by the landlord with the personal representative of the tenant or with a person who is the tenant’s next of kin: (d) the date determined as the termination date of the tenancy agreement by the Tribunal on the application of the landlord under subsection (2).
More than 21 days has passed since the family told the landlord and since the landlord gave notice to the tenant’s next of kin. [The tenant]’s tenancy has ended. [The tenant’s husband] has not moved out and so the landlord has applied to the Tenancy Tribunal for an order granting possession to the landlord. I find the landlord should have possession. The possession date will be 13 December 2024.
I have used my discretion to allow suppression for [the tenant’s husband] and [the tenant] because any public interest is in the law rather than their names. See section 95A RTA.

Reasons

Both parties attended the hearing.

The landlord has applied for possession of the premises following the passing of [the tenant] in May this year.

The landlord wants possession of the tenancy premises because [the tenant’s husband] is not a named tenant on the tenancy agreement. [The tenant’s husband] replied that he should be able to stay. His reasons for this included: • His name should not have been crossed off the original tenancy agreement • No one initialled the tenancy agreement where his name was crossed off • He was never told he needed to sign the tenancy agreement • He has always been the one to pay rent and he is still paying the rent • He asked to be added to the tenancy agreement and the landlord did not arrange for this to happen • He is living in the house with his son.

The tenancy agreement was signed on 18 December 1991. It is hard to read. [The tenant] and [the tenant’s husband] were both named on the tenancy agreement but [the tenant’s husband]’s name was crossed out. A representative for the landlord signed the tenancy agreement. The copy I have has not been signed by [the tenant] or [the tenant’s husband]. There is another document which looks to be a contemporaneous file note made by the same person who signed the tenancy agreement. The note states: [The tenant’s husband] was to join tenancy but didn’t come in at prearranged time – tenancy to remain in [the tenant]’s name for the time being.

It seems most likely to me the tenancy agreement written up in 1991 with [the tenant]’s name on it is the legally enforceable agreement. My reasons for this include: • [The tenant’s husband] does not have a tenancy agreement with his name and signature on it • [The tenant’s husband]’s name was crossed off the tenancy agreement and there was a file note made at the time explaining the reason his name was crossed off • The file note confirms that the landlord intended [the tenant] to be the sole tenant when the tenancy agreement was signed. • It is not unusual for a tenancy agreement to have corrections made to it that are not initialled • Whether or not the landlord invited [the tenant’s husband] to an appointment all those years ago is not relevant now because when she passed [the tenant] was the sole tenant • Paying rent is does not make [the tenant’s husband] a tenant • Whether or not the landlord was asked to include [the tenant’s husband] on the tenancy agreement before [The tenant] passed is no longer relevant because when she passed [The tenant] was the sole tenant • The landlord has offered a two bedroom house to [the tenant’s husband] and his son because they are eligible for social housing.

I find that [The tenant] was the sole tenant when she died. The Residential Tenancies Act 1986 (RTA) is the law that covers this situation. Section 50A(1) RTA states that: On the death of a sole tenant under a tenancy agreement ... the tenancy agreement terminates on the earliest of the following dates: (a) the date that is the 21st day after the date on which the personal representative of the tenant or a person who is the tenant’s next of kin gives the landlord written notice of the death of the tenant: (b) the date that is the 21st day after the landlord gives the personal representative of the tenant or a person who is the tenant’s next of kin written notice to vacate the premises that are the subject of the tenancy agreement: (c) the date that is agreed in writing by the landlord with the personal representative of the tenant or with a person who is the tenant’s next of kin: (d) the date determined as the termination date of the tenancy agreement by the Tribunal on the application of the landlord under subsection (2).

More than 21 days has passed since the family told the landlord and since the landlord gave notice to the tenant’s next of kin. [The tenant]’s tenancy has ended. [The tenant’s husband] has not moved out and so the landlord has applied to the Tenancy Tribunal for an order granting possession to the landlord. I find the landlord should have possession. The possession date will be 13 December 2024.

I have used my discretion to allow suppression for [the tenant’s husband] and [the tenant] because any public interest is in the law rather than their names. See section 95A RTA.

Tenancy Tribunal case 4989828 — Tenancy dispute at 60 Ivanhoe Road, Grey Lynn, Auckland 1021

At a glance

Claims & awards

Tenancy Tribunal case 4989828 — Tenancy dispute at 60 Ivanhoe Road, Grey Lynn, Auckland 1021

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions