Phillip Saleh v Jermey Pyle [2016] NZDC 9162

Published 09 September 2016

Appeal against a decision of the Tenancy Tribunal — Residential Tenancies Act 1986, s 65 — possession order. An appeal against a decision of the Tenancy Tribunal was dismissed following a hearing in which the Tribunal terminated the occupancy of the appellant and granted possession to the defendant. The two requisite grounds for the Tribunal to make a possession order existed under s 65. The respondent was a person entitled to possession of the premises after he purchased the applicant’s property in a mortgagee sale. The applicant was in occupation without authority from the respondent when he remained at the property and did not pay rent; thus the Tribunal was obliged to make the order it had made.