Dad kicks son and daughter-in-law off property for failing to pay rent for two years - Stuff

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A son’s failure to abide by a settlement he reached with his father has meant he will need to leave his father’s property.

A father has won a court battle to have his son and daughter-in-law removed from his property after they failed to pay rent for more than two years.

Thomas Rowling’s company SJL Ltd owns a block of rural land near Tāneatua, and 13km south of Whakatāne.

His son William and daughter-in-law Kelly live in a house on the land.

Relations between the three have been strained for some years. In late 2020 Thomas wanted William and Kelly to get off the property and commenced court proceedings.

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But a settlement was reached whereby Thomas would subdivide the land, separating a lot for William and Kelly, on the understanding that they would vacate the house on four weeks notice from October 31, 2020.

Thomas would then transfer the lot, valued at $250,000, to their name

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Thomas Rowling’s application was heard by Associate Judge Clive Taylor in the High Court at Rotorua. (File photo)

If William and Kelly stayed in the house they were required to pay Thomas weekly rent of $250 from November 1, 2020, for 4 weeks, then $350 a week after that.

The couple paid one week’s rent but nothing further, prompting Thomas to give them four weeks notice to vacate the property in February 2021.

He told them the subdivision of their lot was nearly complete, but would not be completed until they paid the rent they owed and vacated the house.

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The couple remained in the house, so Thomas went to the High Court in Rotorua in December last year seeking a ruling that William and Kelly had breached the settlement.

In a finding issued last month Associate Judge Clive Taylor found that a breach had clearly occurred and there was no reasonably arguable defence.

He ordered William and Kelly to give immediate possession of the house and property to Thomas and to pay him outstanding rental from November 1, 2020, up to the date they vacate the property and house.

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