How much money was awarded in case 5024189?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5024189?

The dispute type was not classified.

Where can I read the official tribunal order for case 5024189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11094161-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5024189?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5024189?

The dispute type was not classified.

Where can I read the official tribunal order for case 5024189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11094161-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5024189 — Tenancy dispute

Q: What was Tenancy Tribunal case 5024189 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of both party’s names including the name of the subject person and identifying details and the address of the property.
[The landlord/s] is granted possession of the premises at [Tenancy address suppressed] immediately.

Reasons

[The landlord/s] have applied under s65 of the Residential Tenancies Act 1986 for a possession order claiming that the respondents are squatters. 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.
[Tenancy address suppressed] is owned by [The owner/s]. On the 13 February 2024 [The landlord/s] was appointed the property manager for [The owner/s]. The Order provides that [The landlord/s] has all the powers specified under schedules 1 and 2 of the Protection of Personal and Property Rights Act 1988.
The Court order specified that pursuant to clause 1(n) of the First Schedule of the Protection of Personal and Property Rights Act 1988 [The landlord/s] has the power of sale of [Tenancy address suppressed].
The property has a mortgage to [Bank], [The landlord/s] tell me that the mortgage is in default. There are rates and water rates unpaid.
[The owner/s] children who are aged in the 20’s live in the property. Despite repeated requests by [The landlord/s], they have refused to move out of the property. They do not pay for rates or mortgage on the property and have not been given a tenancy for the property.
[Tenant 1] pays $30.00 weekly towards her mother’s care, but [The landlord/s] tell me that this is not in lieu of rent.
[The landlord/s] needs to sell the property with vacant possession to pay for [The owner/s] ongoing care and her debts. It has applied for a possession order.
[The landlord’s representative] attended today’s hearing. None of [The owner/s] children attended today’s hearing. The law
Three elements must be established for the Tribunal to grant a possession order in a squatter application: a. The property must be residential premises. b. The applicant must be entitled to possession of the premises. c. The occupier is a squatter or trespasser or a person without any right of occupation to be in the premises granted by a person having lawful authority to do so. If these three elements are established, then the Tribunal must make a possession order. It is mandatory. See the District Court and High Court’s decisions of Sergeant v Nigro [2019] NZDC 1060 at [25] to [26]; and [2019] NZHC 328 at [83] to [94]. 1 1 Leave to Appeal the High Court’s decision to the Court of Appeal was allowed by the High Court – See Sergeant v Nigro [2019] NZHC 902 (26 April 2019). The appeal to the Court of Appeal was filed CA 516/2018 but was abandoned by the parties in October 2019.

Is the property a residential premises?

The answer is yes.

Is the applicant entitled to possession of the premises?

Yes, the [The landlord/s] is entitled to possession of the premises pursuant to clause 1(a) of the First Schedule of the Protection of Personal and Property Rights Act 1988, because it has been appointed [The owner/s] manager and the premises are registered in [The owner/s] name. Do any of [The owner/s] children have any legal right of occupation?
No, [The owner/s] children have no legal right to occupation. [The landlord/s] has not granted them a tenancy or any other right to live there. Any bare licence (permission) that they had to live in the premises given by their mother has been revoked by [The landlord/s]. They have been given notice to vacate the property. They have been served with trespass notices. I am satisfied that [The landlord/s] has revoked any bare licence that they may have had to live at the property. Conclusion.
As all three questions as set out in Sergeant v Nigro have been met then the Tribunal must make a possession order pursuant to section 65 of the Residential Tenancies Act 1986. Suppression
Under section 95(4) RTA, the Tribunal may suppress the names and identifying details of a party if it considers that it is in the interests to do so. I consider that it is appropriate for me to do so.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of both party’s names including the name of the subject person and identifying details and the address of the property.

[The landlord/s] is granted possession of the premises at [Tenancy address suppressed] immediately.

Reasons

[The landlord/s] have applied under s65 of the Residential Tenancies Act 1986 for a possession order claiming that the respondents are squatters. 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.

[Tenancy address suppressed] is owned by [The owner/s]. On the 13 February 2024 [The landlord/s] was appointed the property manager for [The owner/s]. The Order provides that [The landlord/s] has all the powers specified under schedules 1 and 2 of the Protection of Personal and Property Rights Act 1988.

The Court order specified that pursuant to clause 1(n) of the First Schedule of the Protection of Personal and Property Rights Act 1988 [The landlord/s] has the power of sale of [Tenancy address suppressed].

The property has a mortgage to [Bank], [The landlord/s] tell me that the mortgage is in default. There are rates and water rates unpaid.

[The owner/s] children who are aged in the 20’s live in the property. Despite repeated requests by [The landlord/s], they have refused to move out of the property. They do not pay for rates or mortgage on the property and have not been given a tenancy for the property.

[Tenant 1] pays $30.00 weekly towards her mother’s care, but [The landlord/s] tell me that this is not in lieu of rent.

[The landlord/s] needs to sell the property with vacant possession to pay for [The owner/s] ongoing care and her debts. It has applied for a possession order.

[The landlord’s representative] attended today’s hearing. None of [The owner/s] children attended today’s hearing. The law

Three elements must be established for the Tribunal to grant a possession order in a squatter application: a. The property must be residential premises. b. The applicant must be entitled to possession of the premises. c. The occupier is a squatter or trespasser or a person without any right of occupation to be in the premises granted by a person having lawful authority to do so. If these three elements are established, then the Tribunal must make a possession order. It is mandatory. See the District Court and High Court’s decisions of Sergeant v Nigro [2019] NZDC 1060 at [25] to [26]; and [2019] NZHC 328 at [83] to [94]. 1 1 Leave to Appeal the High Court’s decision to the Court of Appeal was allowed by the High Court – See Sergeant v Nigro [2019] NZHC 902 (26 April 2019). The appeal to the Court of Appeal was filed CA 516/2018 but was abandoned by the parties in October 2019.

Is the property a residential premises?

The answer is yes.

Is the applicant entitled to possession of the premises?

Yes, the [The landlord/s] is entitled to possession of the premises pursuant to clause 1(a) of the First Schedule of the Protection of Personal and Property Rights Act 1988, because it has been appointed [The owner/s] manager and the premises are registered in [The owner/s] name. Do any of [The owner/s] children have any legal right of occupation?

No, [The owner/s] children have no legal right to occupation. [The landlord/s] has not granted them a tenancy or any other right to live there. Any bare licence (permission) that they had to live in the premises given by their mother has been revoked by [The landlord/s]. They have been given notice to vacate the property. They have been served with trespass notices. I am satisfied that [The landlord/s] has revoked any bare licence that they may have had to live at the property. Conclusion.

As all three questions as set out in Sergeant v Nigro have been met then the Tribunal must make a possession order pursuant to section 65 of the Residential Tenancies Act 1986. Suppression

Under section 95(4) RTA, the Tribunal may suppress the names and identifying details of a party if it considers that it is in the interests to do so. I consider that it is appropriate for me to do so.

Tenancy Tribunal case 5024189 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 5024189 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Is the property a residential premises?

Is the applicant entitled to possession of the premises?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Is the property a residential premises?

Is the applicant entitled to possession of the premises?

Topics & place

Residential Tenancies Act sections

Frequently asked questions