Tenantcheck Insights · Case study

Tenancy Tribunal case 5402877 — Tenancy dispute at 588 Pahi Road, Pahi, RD 1, Paparoa 0571

Decided 24 Dec 2025 · Published 24 Dec 2025 · Application 5402877

View official order on MoJ →Explore similar cases

At a glance

Key facts from the published tribunal order.

Location

Paparoa

Tribunal region

Adjudicator

A Aiolupotea

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

Foc Company Limited is granted possession of the premises at 588 Pahi Road, Pahi, RD 1, Paparoa 0571 at 9am on 5 January 2026.

Reasons

The Applicant attended the hearing by video conference and was represented by its Directors, Ms Renouf and Ms Ireland. The Respondent, Ms Gunton, did not attend the hearing.
The Applicant seeks an order for possession of the premises.
The Applicant, FOC Company Ltd is the legal and beneficial owner of the property. Title to the property was transferred to the trustee of the Renouf Inheritance Trust on 10 October 2025. The current trustees are FOC Company Ltd. A Deed of Trust, Certificate of Title and Companies Office extract were filed in support of this position.
By way of background, Ms Renouf’s father, Mr Kevin Renouf (“Mr Renouf”) purchased the property on 22 April 2022 and resided there. The Applicant submits that Ms Gunton was a friend of Mr Renouf and moved into the property at some point thereafter. It is unclear whether her occupation was pursuant to a flatting or boarding arrangement, or whether she resided at the property without making any contribution. Mr Renouf passed away on 9 December 2024, and Ms Gunton has continued to occupy the premises since that time.
The Applicant submits that Ms Gunton is an unlawful occupier. On 11 October 2025, the Applicant served Ms Gunton with written notice requiring her to vacate the premises. A trespass notice was subsequently served on 15 November 2025 on Ms Gunton. She has failed to comply with either notice.
The Applicant submits Ms Gunton has made no payments of any kind in relation to the property. Since Mr Renoufs death, all outgoings have been met by the executor and trustee.
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 by a person with lawful authority, the Tribunal must make a possession order in favour of the applicant. (2) Nothing in subsection (1) limits or affects the operation of the Trespass Act 1980 or any other remedy available to a person lawfully entitled to possession. (3) For the avoidance of doubt, the Tribunal has jurisdiction under this section even if the premises are not subject to a tenancy agreement.
The Tribunal must therefore consider whether the premises are residential premises, whether the Applicant is entitled to possession, and whether Ms Gunton has any lawful right of occupation.
Having considered the evidence, I am satisfied that the premises are residential premises from the oral evidence provided that this was a home lived in by Mr Renouf and Ms Gunton. I am satisfied that the Applicant is entitled to possession as confirmed by the Deed of Trust provided. Ms Gunton did not attend the hearing and has not satisfied the Tribunal that she holds any lawful right to occupy the premises. She has been served with a Trespass notice and remains in occupation as a squatter or trespasser.
Accordingly, possession is granted to the Applicant effective 5 January 2026, allowing the Respondent a reasonable period to vacate the premises over the Christmas period.

Topics & place

Topics are dispute themes across the order (not the same as claim-type money lines).

Paparoa

Residential Tenancies Act sections

s65

Property management

FOC COMPANY LIMITED (applicant)

Frequently asked questions

Common questions about this Tenancy Tribunal case.

What was Tenancy Tribunal case 5402877 about?

The tribunal order states: Foc Company Limited is granted possession of the premises at 588 Pahi Road,

How much money was awarded in case 5402877?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5402877?

The dispute type was not classified.

Where can I read the official tribunal order for case 5402877?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12916491-Tenancy_Tribunal_Order.pdf.

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Reasons

The Applicant attended the hearing by video conference and was represented by its Directors, Ms Renouf and Ms Ireland. The Respondent, Ms Gunton, did not attend the hearing.

The Applicant seeks an order for possession of the premises.

The Applicant, FOC Company Ltd is the legal and beneficial owner of the property. Title to the property was transferred to the trustee of the Renouf Inheritance Trust on 10 October 2025. The current trustees are FOC Company Ltd. A Deed of Trust, Certificate of Title and Companies Office extract were filed in support of this position.

By way of background, Ms Renouf’s father, Mr Kevin Renouf (“Mr Renouf”) purchased the property on 22 April 2022 and resided there. The Applicant submits that Ms Gunton was a friend of Mr Renouf and moved into the property at some point thereafter. It is unclear whether her occupation was pursuant to a flatting or boarding arrangement, or whether she resided at the property without making any contribution. Mr Renouf passed away on 9 December 2024, and Ms Gunton has continued to occupy the premises since that time.

The Applicant submits that Ms Gunton is an unlawful occupier. On 11 October 2025, the Applicant served Ms Gunton with written notice requiring her to vacate the premises. A trespass notice was subsequently served on 15 November 2025 on Ms Gunton. She has failed to comply with either notice.

The Applicant submits Ms Gunton has made no payments of any kind in relation to the property. Since Mr Renoufs death, all outgoings have been met by the executor and trustee.

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 by a person with lawful authority, the Tribunal must make a possession order in favour of the applicant. (2) Nothing in subsection (1) limits or affects the operation of the Trespass Act 1980 or any other remedy available to a person lawfully entitled to possession. (3) For the avoidance of doubt, the Tribunal has jurisdiction under this section even if the premises are not subject to a tenancy agreement.

The Tribunal must therefore consider whether the premises are residential premises, whether the Applicant is entitled to possession, and whether Ms Gunton has any lawful right of occupation.

Having considered the evidence, I am satisfied that the premises are residential premises from the oral evidence provided that this was a home lived in by Mr Renouf and Ms Gunton. I am satisfied that the Applicant is entitled to possession as confirmed by the Deed of Trust provided. Ms Gunton did not attend the hearing and has not satisfied the Tribunal that she holds any lawful right to occupy the premises. She has been served with a Trespass notice and remains in occupation as a squatter or trespasser.

Accordingly, possession is granted to the Applicant effective 5 January 2026, allowing the Respondent a reasonable period to vacate the premises over the Christmas period.