The Tenancy Tribunal has ordered the Public Trust take possession of a house after finding the son no longer had a legal right to live there. Photo: Getty Images
A man who lived in his parents’ home after their deaths, on the understanding he paid the bills and maintained it, has been evicted for failing to keep his side of the bargain.
The man’s situation is outlined in a recent Tenancy Tribunal decision, following an application from the Public Trust for possession of the house, claiming the man had become a squatter.
When the man’s father and stepmother died he was gifted “a right of occupancy” – it did not mean he owned the property but allowed him to live there providing he paid the rates and insurance and kept the house in a similar condition to what it was beforehand.
However, the Public Trust said as the man had not fulfilled his obligations, he no longer had a legal right to live there. The tribunal agreed, noting there was more than $15,000 in unpaid rates and insurance premiums.
For the man to be declared a squatter, the tribunal said the property had to be residential, the applicant must be entitled to possess the property and the respondent must have no legal right to be living there.
If these three elements were established, the tribunal had no choice but to grant possession to the Public Trust.
Finally, the tribunal suppressed the names of the man and his parents, along with the address of the property, saying the case was “essentially a private family matter”.
Public Trust spokesperson Georgie Hills said in a statement it respected the tribunal’s decision to limit the release of personal information relating to the case. It confirmed the property was now vacant.
“These types of cases are extremely rare. We always set out to work with the people involved to try and reach a resolution. Taking legal action is the last resort,” Hills said.
“A ‘right of residency’ is a common provision in a will which allows someone to remain living in the family home. While it doesn’t transfer the ownership of the property, it gives the occupant the right to use it subject to certain conditions being met. The conditions are set by the person who made the will, and it is the executor’s duty to ensure they are carried out.”
Hills said it was also important to keep in mind that there’s often more than one beneficiary provided for in most estates – not all of whom will live in the family home.
