Tenantcheck Insights · Case study
Tenancy Tribunal case 5356281 — Tenancy dispute
Decided 6 Feb 2026 · Published 6 Feb 2026 · Application 5356281
Party names are redacted in the official published order. This page summarises the dispute only — not individual identities.
At a glance
Key facts from the published tribunal order.
Adjudicator
J Setefano
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
- The tenancy of The Estate of Richard Rawiti at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
Reasons
- Background This matter concerns an application by the landlord for termination of a residential tenancy due to the death of the sole tenant. The Tribunal is satisfied, based on the evidence presented by the landlord, that the tenant passed away on 26 September 2025. The landlord has made this application under section 50A(2) of the Residential Tenancies Act 1986 (RTA), seeking an order to terminate the tenancy, as they have been unable to issue a notice to vacate to any personal representative of the tenant.
- Factual Findings The landlord advised the Tribunal that they were informed of the tenant’s passing by the tenant’s friend, “JR”. JR stated that the tenant died on 26 September 2025 at Silverstream Retreat in Upper Hutt and that there were no known next of kin or personal representatives involved in managing the tenant’s affairs. JR further confirmed that he had communicated with the police and assisted with arrangements for the tenant’s body to be uplifted. According to the landlord, JR also advised that the tenant’s home had since been cleared out by friends and family members who collected what they wished. The property is now vacant. The landlord has made reasonable efforts to obtain a death certificate or the details of any legal representative of the estate but has been unsuccessful in doing so. There is no dispute that the deceased tenant was the sole tenant named on the tenancy agreement.
- Legal Framework and Analysis Section 50A RTA governs the termination of a tenancy upon the death of a sole tenant. Specifically: Under section 50A(1), a tenancy ends on the 21st day after written notice is given by either the personal representative of the deceased tenant or the landlord, or on another agreed date in writing. However, where the landlord is unable to give notice to a personal representative because none is known or has come forward, section 50A(2) allows the landlord to apply to the Tribunal for an order determining the date of termination. In this case, the evidence shows that the landlord has made efforts to locate a personal representative or obtain formal proof such as a death certificate but has not been successful. The Tribunal is satisfied, on the balance of probabilities, that the tenant is deceased and that there is no known representative or person to whom notice could be validly given under section 50A(1). Accordingly, section 50A(2) applies. Given that the tenant passed away on 26 September 2025, more than 21 days have elapsed since the date of death. The premises have been vacated and the belongings removed. There is no one remaining in occupation of the property. In these circumstances, and in accordance with section 50A(2) of the RTA, it is appropriate for the Tribunal to determine a termination date.
- Determination The Tribunal considers it reasonable to order that the tenancy is terminated as of the date of this decision. There is no basis to delay the termination further given that the premises are now unoccupied, and there is no prospect of further engagement with a representative of the estate.