Published tribunal order
Tenancy Tribunal case 5284505 — Tenancy dispute
Decided 10 Jul 2025 · Published 10 Jul 2025 · Application 5284505
Party names are redacted in the official published order.
Order
- The Tribunal orders suppression of the names and identifying details of both parties.
- [The applicants] are granted possession of the premises at [Tenancy address suppressed] at 9am Monday 21 July 2025.
- [The respondent] must pay [the applicants] the sum of $28.00 immediately.
Reasons
- Both parties attended the hearing, the applicants represented by [Ms A] and Mr Oliver, solicitor.
- The applicants have applied for possession of the premises.
- Section 65 of the Residential Tenancies Act 1986 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) ... (3) To avoid doubt, the Tribunal has jurisdiction under this section even though the premises are not subject to a tenancy agreement.
- The applicants are the executors of the estate of [Mr B] who died on 15 December 2023.
- Before Mr B’s death, the respondent had been boarding with him.
- The applicants provided evidence of probate of the deceased’s will showing they had been appointed as executors.
- The applicants provided a copy of the certificate of title showing that the deceased owned the property.
- Despite requests to vacate the premises, [the respondent] had not done so, but at today’s hearing, he took no issue with any of the above and agreed to move out of the property.
- He said that he has already move some belongings out. The applicants agreed to give him further time and so by consent, possession is granted to the applicants at 9am Monday 21 July 2025.
- [The respondent] is encouraged to leave the premises reasonably clean and tidy.
- Because [The applicant/s] wholly succeeded with the claim I must reimburse the filing fee.
- The order was made by consent and there is no public interest in publishing the names of the parties and so I order suppression of their names.