Tenancy Case Suspended Until Legal Ownership Confirmed
📌 In brief
The Tenancy Tribunal put a case on hold until the tenants could confirm the legal ownership of the property and the status of the deceased landlord. The Tribunal needed more information to proceed with the case.
⚖️ Legal holding
The Tribunal lacks jurisdiction to hear the claim without confirmation of the legal ownership of the property and the status of the deceased landlord.
📖 Technical summary
The Tenancy Tribunal suspended the case pending further information on the legal ownership of the property and the status of the deceased landlord.
📜 Headnote Official document
The Tenancy Tribunal suspended a case involving a deceased landlord pending confirmation of the legal ownership of the property and the status of the deceased landlord. The Tribunal required further information to establish jurisdiction over the claim.
📚 Full judgment Official document
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[2025] NZTT 5136672
TENANCY TRIBUNAL - [Event location suppressed]
APPLICANTS: [redacted]
Tenants
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. This matter is closed until the tenants are able to provide further information as set out below. The tenants are granted a period of 6 weeks within which if they can provide this information, they can request that the application be brought back before to the Tribunal with new evidence in respect of the legal ownership of the property and if it was [NAME] , when he died, and the matter will be re-opened.
Reasons:
1. The tenant attended the hearing, the landlord did not attend.
Background:
2. This is a tenant application. The tenants saw an advertisement for a property to rent in Invercargill on “Facebook Marketplace” and on “The Rent Shop” website on 21 December 2024.
3. The tenants contacted the property manager from Facebook, and she provided them with the landlord’s email details. The tenants were told the landlord was [NAME] of [ADDRESS], Mount Maunganui, email address [EMAIL].
4. The tenants and landlord had communications regarding the property. The tenants filed an online application for the property, they were “accepted” by the
mailto:[EMAIL]
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landlord, who then emailed a signed and completed Residential Tenancy Agreement to them. The Tenancy Agreement was signed and returned by the tenants to the landlord.
5. Despite requesting to view the property before signing the tenancy agreement and paying the bond and rent in advance, the tenants were denied a viewing. The reasons for not being able to view the property were that it was just before Christmas, the existing tenants were moving out and the landlord was in Australia.
6. However, the tenants walked around the outside of the property and saw what appeared to be cleaning products inside, indicating to them that the resident tenants were cleaning to move out.
7. The tenants paid two weeks rent in advance and 4 weeks bond, which equates to the sum of $2400.00. The commencement of the tenancy was 18 January 2025.
8. Once the bond and rent were paid the tenants were unable to get any further response from the landlord. The tenants had no further communication from the landlord.
9. On 19th January 2025 , one day after the supposed commencement of the tenancy, the tenants received an email from [NAME], (email [EMAIL]), who claimed to be writing on behalf of the [NAME]’s family. Mr [NAME]’s email claimed that [NAME] had died the week before as a result of a car accident. Furthermore, that the family were now going to sell the property and refunded the tenants from the sale of the property.
10. The tenants have filed complaints with the New Zealand Police, Tenancy Tribunal and Facebook marketplace.
11. An issue I have at this stage of the proceedings is whether there is jurisdiction for the Tenancy Tribunal to hear the claim. The reason I am considering if we have jurisdiction relates to whether this is a dispute between a landlord and tenant.
12. A landlord under the Residential Tenancies Act 1986(RTA), in relation to any residential premises that are the subject of a tenancy agreement, means the grantor of a tenancy of the premises under the tenancy agreement.
13. Was the “landlord” [NAME], a person that was able to “grant” a tenancy of the premises under the Tenancy Agreement?
14. At this stage rather than making a determination of the issues I would like the tenants to provide further information if they are able.
15. The additional information I require is:
- Who is the legal owner of the property?
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- If [NAME] was the legal owner at the time of the tenancy agreement, when did he die and what proof do you have of his death?
- If [NAME] is deceased, is [NAME] a legal representative of the landlord?
- If not, is there a legal representative for [NAME]?
16. Once I have received this additional information, I will be able to progress the matter further, and set the matter down for a further hearing.
17. The tenants are to email the additional information to [EMAIL] attaching the file number.
[NAME] 07 February 2025
mailto:[EMAIL]
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenants were able to show they had a signed Residential Tenancy Agreement.
- The tenants demonstrated they had paid rent and bond in advance.
❌ Tends to be rejected
- The tenants' argument that the Tribunal should proceed without confirming the legal ownership of the property was rejected.
- The tenants' claim that the Tribunal had jurisdiction despite uncertainty about the deceased landlord's legal representative was dismissed.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal suspended the case until the tenants could provide further information on the legal ownership of the property and the status of the deceased landlord.
What was the dispute about?
The dispute was about a deceased landlord and the need to confirm the legal ownership of the property to determine the Tribunal's jurisdiction.
How did the court decide, and why?
The court decided to suspend the case because it lacked sufficient information to establish its jurisdiction over the claim.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54, was applied to determine the legal definition of a landlord.
What was the argument that mattered most?
The argument that mattered most was whether the Tribunal had jurisdiction to hear the claim given the circumstances of the deceased landlord.
Was the decision for or against the person who brought the case?
The decision was neither for nor against the tenants, as the case was suspended pending further information.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have all necessary documentation to prove the legal ownership of the property and the status of the landlord.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents required, but it requested information on the legal ownership of the property and the status of the deceased landlord.