It was a case doomed from the start. Firdaussi Khan’s attempts to remove his brother from their Rotorua property failed; one co-owner cannot evict another co-owner, each has the right to occupy all or any part of their property.
The High Court was told of dissension within the Khan family over rights to occupy the Ngongotaha Road property. Following death of their father, his five children inherited the family home taking title with each having a one fifth share.
Evidence was given of an agreement allowing one sibling, Aubrey, to occupy the home with his family provided he paid all outgoings and kept up the maintenance. After Aubrey died in 2022, his de facto spouse Norma remained in occupation with another of Aubrey’s siblings, Quentin, living in a garage on site.
Firdaussi complains the property now looks like a tip; with holes in walls, water damage unrepaired and rubbish lying around. Rate arrears currently amount to $40,000, he claims. He wanted everyone out so the property could be restored.
Neither Quentin nor Norma appeared in court to challenge any eviction order.
Justice Moore ruled Quentin cannot be ordered to leave. As a co-owner, he is entitled to occupy the property.
Justice Moore declined a request that Norma be evicted. It is possible she too may now be a co-owner; with the possibility she may have inherited, in whole or in part, the share held by her late spouse Aubrey.
He left open the possibility of Quentin and Norma being forced to pay an occupation rent to the other part-owners; the three siblings not living there. If no agreement is reached to pay rent, a separate court application is needed.
Khan v. Khan – High Court (5.11.24)
25.027