What was Tenancy Tribunal case 4993689 about?

The tribunal order states: This application replaces the earlier order which was issued in error.

How much money was awarded in case 4993689?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4993689?

The dispute type was not classified.

Where can I read the official tribunal order for case 4993689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11672623-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4993689 about?

The tribunal order states: This application replaces the earlier order which was issued in error.

How much money was awarded in case 4993689?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4993689?

The dispute type was not classified.

Where can I read the official tribunal order for case 4993689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11672623-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4993689 — Tenancy dispute

Order

This application replaces the earlier order which was issued in error.
The application is dismissed.

Reasons

Both parties attended this remote hearing on 3 April 2025. The hearing was initially called on 7 February 2025 but was adjourned due to the unavailability of the landlord.
The application relates to a tenancy at [Tenancy address suppressed]. At all times relevant to this hearing, the tenant of the property was [The tenant/s]. The tenant died on 26 April 2024.
The applicant in this matter is [The applicant] (“the applicant”). The applicant says that this application is made by her on behalf of the estate of [The tenant/s].
The applicant seeks release of the bond, recovery of overpaid rent and reimbursement of the filing fee.
I raised my concerns about the issue of the applicant’s standing to bring this application.
The applicant said that as far as she was aware, the deceased had no will. The applicant had not made an application to the High Court to be appointed as the deceased's personal representative by way of letters of administration, nor was she aware of any other party having made such application.
The applicant is not the deceased next of kin. The applicant’s sister had been the deceased partner for many years, but had predeceased the tenant. The applicant said that she was not aware of any living next of kin for the deceased.
The Tribunal has jurisdiction to consider disputes between landlords and tenants. Section 2 of the Residential Tenancies Act 1986 (“RTA”) provides a definition of the term ”tenant”. “Tenant” is to include the personal representative of a deceased tenant.
Section 9 of the Trusts Act 2019 defines “personal representative” as being “in relation to a deceased person, means an executor (original or by representation) who has obtained probate or an administrator of the deceased person’s estate appointed by the court.”
The applicant is not a personal representative as that term is defined and accordingly does not fall within the definition of a tenant under the RTA.
Section 50A of the RTA sets out the procedure for terminating a tenancy following the death of a sole tenant. That section refers to notice being given either by the personal representative of the tenant or a person who is the tenant’s next of kin.
The term “next of kin” is not defined in the RTA but is defined in the Land Transport Act 1998 to mean “includes a spouse, civil union partner and de facto partner”. The term is extended in the Collins Concise Dictionary definition to include “a person’s closest relative.”
The facts of this case are that the applicant is not the tenant’s personal representative. The applicant is not the tenant’s next of kin. In those circumstances, I find that the applicant has no standing to make this application and the application is dismissed. The Tribunal is therefore not able to consider the applicant’s claims.
I wish to place on record that the applicant struck me as someone with the best of motives and no ulterior motive should assigned to her.
There is no order for reimbursement of the filing fee.
Both parties applied for name suppression. The landlord has been wholly successful in this application and suppression of the landlord’s name and details is ordered. In the somewhat unusual circumstances of this case I consider that suppression of the applicants name and details is also warranted as there is no public interest in the publication of date information.

Reasons

Both parties attended this remote hearing on 3 April 2025. The hearing was initially called on 7 February 2025 but was adjourned due to the unavailability of the landlord.

The application relates to a tenancy at [Tenancy address suppressed]. At all times relevant to this hearing, the tenant of the property was [The tenant/s]. The tenant died on 26 April 2024.

The applicant in this matter is [The applicant] (“the applicant”). The applicant says that this application is made by her on behalf of the estate of [The tenant/s].

The applicant seeks release of the bond, recovery of overpaid rent and reimbursement of the filing fee.

I raised my concerns about the issue of the applicant’s standing to bring this application.

The applicant said that as far as she was aware, the deceased had no will. The applicant had not made an application to the High Court to be appointed as the deceased's personal representative by way of letters of administration, nor was she aware of any other party having made such application.

The applicant is not the deceased next of kin. The applicant’s sister had been the deceased partner for many years, but had predeceased the tenant. The applicant said that she was not aware of any living next of kin for the deceased.

The Tribunal has jurisdiction to consider disputes between landlords and tenants. Section 2 of the Residential Tenancies Act 1986 (“RTA”) provides a definition of the term ”tenant”. “Tenant” is to include the personal representative of a deceased tenant.

Section 9 of the Trusts Act 2019 defines “personal representative” as being “in relation to a deceased person, means an executor (original or by representation) who has obtained probate or an administrator of the deceased person’s estate appointed by the court.”

The applicant is not a personal representative as that term is defined and accordingly does not fall within the definition of a tenant under the RTA.

Section 50A of the RTA sets out the procedure for terminating a tenancy following the death of a sole tenant. That section refers to notice being given either by the personal representative of the tenant or a person who is the tenant’s next of kin.

The term “next of kin” is not defined in the RTA but is defined in the Land Transport Act 1998 to mean “includes a spouse, civil union partner and de facto partner”. The term is extended in the Collins Concise Dictionary definition to include “a person’s closest relative.”

The facts of this case are that the applicant is not the tenant’s personal representative. The applicant is not the tenant’s next of kin. In those circumstances, I find that the applicant has no standing to make this application and the application is dismissed. The Tribunal is therefore not able to consider the applicant’s claims.

I wish to place on record that the applicant struck me as someone with the best of motives and no ulterior motive should assigned to her.

There is no order for reimbursement of the filing fee.

Both parties applied for name suppression. The landlord has been wholly successful in this application and suppression of the landlord’s name and details is ordered. In the somewhat unusual circumstances of this case I consider that suppression of the applicants name and details is also warranted as there is no public interest in the publication of date information.

Tenancy Tribunal case 4993689 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4993689 — 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