What was Tenancy Tribunal case 5378977 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5378977?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5378977?

The dispute type was not classified.

Where can I read the official tribunal order for case 5378977?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12848772-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5378977 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5378977?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5378977?

The dispute type was not classified.

Where can I read the official tribunal order for case 5378977?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12848772-Tribunal_Order_Redacted.pdf.

29 Mareti Street, Nukuhau, Taupo 3330 Tenancy Tribunal Case 5378977 — Tenancy dispute

Tenantcheck Insights

Reasons

The applicant attended the hearing by telephone.

The applicant gave the following evidence: a. The applicant is the registered proprietor of the property. b. The applicant entered into a fixed term agreement to rent the property for the period from 21 April to 1 October 2025. This tenancy has ended. c. During that period the tenant allowed the respondent to live at the property. d. The landlord has not rented the property to the respondent or given him any right of occupation of the property and wishes to take possession.

Section 65(1) Residential Tenancies Act 1986 (“RTA”) provides: “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.”

Section 65 RTA was considered by the High Court in Sergeant v Nigro and Tapsell [2019] NZHC 328. The Court held that there are three conditions which must be met before an order can be made: a. The premises must be residential premises. b. The applicant is entitled to possession. 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.

If these three elements are established then the Tribunal must make a possession order.

The applicant has given evidence that the premises are residential.

The applicant confirmed that it has not given the occupier a right of occupation.

The applicant does not believe there is any entity other than itself, being the owner, who has lawful authority to grant the occupier or any other person a right of occupation.

The Tribunal must therefore grant the applicant’s application and make this order granting possession to the landlord.

Reasons

The applicant attended the hearing by telephone.

If these three elements are established then the Tribunal must make a possession order.

The applicant has given evidence that the premises are residential.

The applicant confirmed that it has not given the occupier a right of occupation.

The applicant does not believe there is any entity other than itself, being the owner, who has lawful authority to grant the occupier or any other person a right of occupation.

The Tribunal must therefore grant the applicant’s application and make this order granting possession to the landlord.

Tenancy Tribunal case 5378977 — Tenancy dispute at 29 Mareti Street, Nukuhau, Taupo 3330

At a glance

Claims & awards

Tenancy Tribunal case 5378977 — Tenancy dispute at 29 Mareti Street, Nukuhau, Taupo 3330

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