What was Tenancy Tribunal case 5329429 about?

The tribunal order states: Possession of 34 Waldegrave Street, Palmerston North, Palmerston North 4410

How much money was awarded in case 5329429?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5329429?

The dispute type was not classified.

Where can I read the official tribunal order for case 5329429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12430674-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5329429 about?

The tribunal order states: Possession of 34 Waldegrave Street, Palmerston North, Palmerston North 4410

How much money was awarded in case 5329429?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5329429?

The dispute type was not classified.

Where can I read the official tribunal order for case 5329429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12430674-Tribunal_Order_Redacted.pdf.

34 Waldegrave Street, Palmerston North, Palmerston North Tenancy Tribunal Case 5329429 — Tenancy dispute

Tenantcheck Insights

Reasons

The landlord attended the hearing.

The landlord’s application was for termination of the tenancy and possession of the premises.

The tenant is the landlord’s daughter. The tenancy is an excluded tenancy under section 5(1)(n) Residential Tenancies Act 1986 (RTA) which provides that the RTA does not apply where the premises are used, during the tenancy, principally as a place of residence by the landlord or by any member of the landlord’s or owner’s family.

The tenant has therefore occupied the premises under a licence to occupy. The landlord sent a letter to the tenant on 20 October 2024 advising her that she needed to vacate the premises in three months being 20 January 2025. By that letter, the landlord notified the tenant that she cancelled the licence to occupy.

The tenant therefore has no right of occupation and is a squatter or trespasser.

Section 65 RTA provides that the Tribunal must make an order for possession if: a. The premises are residential premises; and b. The applicant is entitled to possession; and c. Another person or persons are in possession as squatters, trespassers or otherwise than pursuant to any right of occupation granted by a person having lawful authority to do so.

All three conditions are met in this case and the landlord is entitled to a possession order.

The tenant is encouraged to co-operate in moving to the alternative accommodation which has been arranged. If she does not co-operate then it will be necessary for the bailiff and the police to be involved in removing her from the property. This is to be avoided.

This possession order may be used by the landlord now and in the future to remove any other person living at the property without the landlord’s authority or permission.

Having considered the personal issues facing the tenant, it is appropriate to exercise the discretion in section 95A(4) RTA and order suppression of her name and identifying details.

Reasons

The landlord attended the hearing.

The landlord’s application was for termination of the tenancy and possession of the premises.

The tenant therefore has no right of occupation and is a squatter or trespasser.

All three conditions are met in this case and the landlord is entitled to a possession order.

This possession order may be used by the landlord now and in the future to remove any other person living at the property without the landlord’s authority or permission.

Having considered the personal issues facing the tenant, it is appropriate to exercise the discretion in section 95A(4) RTA and order suppression of her name and identifying details.

Tenancy Tribunal case 5329429 — Tenancy dispute at 34 Waldegrave Street, Palmerston North, Palmerston North

At a glance

Claims & awards

Tenancy Tribunal case 5329429 — Tenancy dispute at 34 Waldegrave Street, Palmerston North, Palmerston North

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