What was Tenancy Tribunal case 5085322 about?

The tribunal order states: The Tribunal orders suppression of tenant name and identifying details.

How much money was awarded in case 5085322?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5085322?

The dispute type was not classified.

Where can I read the official tribunal order for case 5085322?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11297165-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5085322 about?

The tribunal order states: The Tribunal orders suppression of tenant name and identifying details.

How much money was awarded in case 5085322?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5085322?

The dispute type was not classified.

Where can I read the official tribunal order for case 5085322?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11297165-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5085322 — Tenancy dispute

Order

The Tribunal orders suppression of tenant name and identifying details.
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to Goode Rentals & Property Management Limited As Agent For Owner, immediately.
The Bond Centre is to pay the bond of $750.00 ([Bond number suppressed]) to [The tenant/s] immediately.
Goode Rentals & Property Management Limited As Agent For Owner must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
Goode Rentals & Property Management Limited As Agent For Owner must pay the proceeds of any sale to the Bond Centre together with a copy of this order.

Reasons

The landlord attended the hearing via remote teleconference. There was no attendance by the tenant.
The landlord says they were advised by St Johns Ambulance on or about 25 November 2024 that the tenant had passed away.
The landlord confirms that no one has been in living in the premises since then. The landlord also undertook an inspection on 13 November 2024 and no one was present at the premises. The landlord provided photographic evidence of the inside of the premises in support of their application.
The landlord has not been able to identify any next of kin or personal representative for the deceased tenant, nor have the Police. Section 50A Residential Tenancies Act 1986 applies to this situation and provides: 50ATermination following death of sole tenant (1)On the death of a sole tenant under a tenancy agreement (whether for a fixed- term tenancy or a periodic tenancy), 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). (2)If a landlord is unable to give notice to vacate under subsection (1)(b), the landlord may apply, without notice, to the Tribunal for an order to terminate the tenancy.
The Landlord is unable to give notice to vacate under s50A(1)(b) and has not received a notice under s50A(1)(a). Therefore, the landlord has applied to the Tribunal for an order terminating the tenancy under s50A(2). The application is properly made and is granted with the tenancy to terminate immediately.
The landlord has applied for the disposal of goods left at the premises at the end of the tenancy.
The landlord: a. is unable to contact the tenant’s next of kin.
It is not possible for the landlord to the return the goods to the tenant’s estate. Some of the goods may have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.
The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
The landlord may dispose of any goods that have no saleable value.
Because the landlord has not filed a claim against the bond the money is to be refunded in full to the tenant’s estate.
It is also appropriate in the circumstances to suppress the tenant’s name and identifying details.

Order

The Tribunal orders suppression of tenant name and identifying details.

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to Goode Rentals & Property Management Limited As Agent For Owner, immediately.

The Bond Centre is to pay the bond of $750.00 ([Bond number suppressed]) to [The tenant/s] immediately.

Goode Rentals & Property Management Limited As Agent For Owner must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.

The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.

Goode Rentals & Property Management Limited As Agent For Owner must pay the proceeds of any sale to the Bond Centre together with a copy of this order.

Reasons

The landlord attended the hearing via remote teleconference. There was no attendance by the tenant.

The landlord says they were advised by St Johns Ambulance on or about 25 November 2024 that the tenant had passed away.

The landlord confirms that no one has been in living in the premises since then. The landlord also undertook an inspection on 13 November 2024 and no one was present at the premises. The landlord provided photographic evidence of the inside of the premises in support of their application.

The landlord has not been able to identify any next of kin or personal representative for the deceased tenant, nor have the Police. Section 50A Residential Tenancies Act 1986 applies to this situation and provides: 50ATermination following death of sole tenant (1)On the death of a sole tenant under a tenancy agreement (whether for a fixed- term tenancy or a periodic tenancy), 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). (2)If a landlord is unable to give notice to vacate under subsection (1)(b), the landlord may apply, without notice, to the Tribunal for an order to terminate the tenancy.

The Landlord is unable to give notice to vacate under s50A(1)(b) and has not received a notice under s50A(1)(a). Therefore, the landlord has applied to the Tribunal for an order terminating the tenancy under s50A(2). The application is properly made and is granted with the tenancy to terminate immediately.

The landlord has applied for the disposal of goods left at the premises at the end of the tenancy.

The landlord: a. is unable to contact the tenant’s next of kin.

It is not possible for the landlord to the return the goods to the tenant’s estate. Some of the goods may have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.

The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).

The landlord may dispose of any goods that have no saleable value.

Because the landlord has not filed a claim against the bond the money is to be refunded in full to the tenant’s estate.

It is also appropriate in the circumstances to suppress the tenant’s name and identifying details.

Tenancy Tribunal case 5085322 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 5085322 — 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