What was Tenancy Tribunal case 5148831 about?

The tribunal order states: [The party] and [The party] are granted possession of the

How much money was awarded in case 5148831?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5148831?

The dispute type was not classified.

Where can I read the official tribunal order for case 5148831?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11432232-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5148831 about?

The tribunal order states: [The party] and [The party] are granted possession of the

How much money was awarded in case 5148831?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5148831?

The dispute type was not classified.

Where can I read the official tribunal order for case 5148831?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11432232-Tenancy_Tribunal_Order.pdf.

Moa Point, Wellington Tenancy Tribunal Case 5148831 — Tenancy dispute

Tenantcheck Insights

Reasons

The applicants’ attended the hearing which was held by teleconference. The Tribunal was unable to contact the respondent. The respondent was contacted on the contact number provided in the application but without success. I was satisfied that adequate service of the hearing notice had been completed and that the respondent ought to be aware of the hearing. I deemed it reasonable to proceed with the hearing in the respondent’s absence.

The applicants have filed for possession of the property under section 58 of the Residential Tenancies Act 1986 (RTA), which applies when a mortgagee or other person becomes entitled to possession. The applicants have provided a sale and purchase agreement confirming they acquired the property (47 Moa Point Road, Moa Point, Wellington 6022) at a mortgagee sale, with the stipulated settlement date of 23 January 2025. Additionally, they have supplied a certificate of title, establishing their legal ownership. These documents sufficiently prove their entitlement to possession under the Act.

Under Section 58(1) of the RTA, where a mortgagee or purchaser under a mortgagee sale has become entitled to possession, they can apply for an order for possession against a former owner or occupant who refuses to vacate. The applicants have taken reasonable steps to facilitate the respondent’s departure by voluntarily extending the settlement period from 23 December 2024 to 23 January 2025, allowing her additional time to vacate. This demonstrates good faith on the part of the applicants.

Despite this extension, the respondent has refused to vacate and was served a trespass notice on 28 January 2025. At this stage, the respondent has no legal right, over that of the applicants, to remain at the property. The mortgagee sale has lawfully transferred ownership to the applicants, and any continued occupation by the respondent constitutes trespassing.

As the applicants have met the legal burden of proof, establishing both ownership and entitlement to possession under section 58, the application for possession should be granted. The respondent must vacate the premises immediately, and if she fails to comply, the applicants may seek further enforcement action through the appropriate legal channels, including a warrant of possession under section 64 of the RTA.

Accordingly, the decision is to grant possession to the applicants, recognising their legal ownership and entitlement under the RTA. The respondent is to vacate the property, failing which the applicants may take enforcement measures if necessary.

Reasons

Tenancy Tribunal case 5148831 — Tenancy dispute in Moa Point, Wellington

At a glance

Claims & awards

Tenancy Tribunal case 5148831 — Tenancy dispute in Moa Point, Wellington

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