What was Tenancy Tribunal case 5141048 about?

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

How much money was awarded in case 5141048?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5141048?

The dispute type was not classified.

Where can I read the official tribunal order for case 5141048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11402891-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5141048 about?

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

How much money was awarded in case 5141048?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5141048?

The dispute type was not classified.

Where can I read the official tribunal order for case 5141048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11402891-Tenancy_Tribunal_Order.pdf.

8B Gilbert Road, Otara, Auckland 2023 Tenancy Tribunal Case 5141048 — Tenancy dispute

Tenantcheck Insights

Reasons

The landlord and Marilyn Harwood (daughter of Mary Harwood) ) attended the hearing via teleconference.

The landlord has applied for possession of the premises following the termination of the tenancy after the death of the tenant, Mary Harwood, on 19 September 2024.

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.

If a landlord is unable to give notice to vacate, the landlord may apply, without notice, to the Tribunal for an order to terminate the tenancy (see section 50A Residential Tenancies Act 1986 (RTA)).

The landlord says they visited the premises on 11 October 2024 and spoke with Jonathan Harwood regarding his mother, Mary Harwood. Mr Harwood confirmed his mother has passed away. Jonathan Harwood and his sister, Marilyn Harwood, both expressed an interest in taking over the tenancy but neither qualified in accordance with MSD. This is a 2 dwelling, 6 bedroom, 2 bathroom, modified property.

On 3 December 2024, the landlord gave notice to the occupants of the property to vacate by 27 December 2024.

On 27 December 2024, the landlord carried out a visit and found Marilyn Harwood, Jonathan Harwood, and other occupants, still living at the property.

Marilyn Harwood confirmed that she is having ongoing discussions with the landlord and MSD.

I am satisfied this tenancy terminated on 27 December 2024 and the landlord is entitled to possession. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied. However, instead of immediate possession I have given the occupants another 3 weeks to make alternative arrangements.

Reasons

The landlord and Marilyn Harwood (daughter of Mary Harwood) ) attended the hearing via teleconference.

The landlord has applied for possession of the premises following the termination of the tenancy after the death of the tenant, Mary Harwood, on 19 September 2024.

If a landlord is unable to give notice to vacate, the landlord may apply, without notice, to the Tribunal for an order to terminate the tenancy (see section 50A Residential Tenancies Act 1986 (RTA)).

On 3 December 2024, the landlord gave notice to the occupants of the property to vacate by 27 December 2024.

On 27 December 2024, the landlord carried out a visit and found Marilyn Harwood, Jonathan Harwood, and other occupants, still living at the property.

Marilyn Harwood confirmed that she is having ongoing discussions with the landlord and MSD.

Tenancy Tribunal case 5141048 — Tenancy dispute at 8B Gilbert Road, Otara, Auckland 2023

At a glance

Claims & awards

Tenancy Tribunal case 5141048 — Tenancy dispute at 8B Gilbert Road, Otara, Auckland 2023

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