Claimant Granted Possession of Abandoned Premises
📌 In brief
The Tenancy Tribunal granted the claimant possession of the premises after determining that the current occupants had no legal right to be there due to the previous tenant's abandonment.
⚖️ Legal holding
A tenant is entitled to possession of the premises if they can prove that others are occupying the premises without legal right.
📖 What the law says
This rule allows a person who has a right to residential premises to ask the Tenancy Tribunal to remove someone who is living there without permission, like a squatter or trespasser. If the Tribunal agrees, it must order that the person with the right to the premises gets them back.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant was granted possession of the premises under the Residential Tenancies Act 1986.
📜 Headnote Official document
The Tenancy Tribunal granted possession of the premises to the claimant, ruling that the current occupants had no legal right to occupy the premises following the abandonment of the previous tenant.
📚 Full judgment Official document
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[2025] NZTT 5213411
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] is granted possession of the premises at [ADDRESS], [POSTCODE] immediately.
Reasons:
1. A representative of [COMPANY] (‘[NAME]’) attended the hearing that was conducted by phone. The names and contact details of the people living in the house are unknown.
2. [NAME] seek a possession order under s.65 Residential Tenancies Act 1986 which provides:
(1) Where, on the application of any person entitled to possession of any residential premises, the Tribunal is satisfied that any other person is in possession of the premises as a squatter or trespasser, or otherwise than pursuant to any right of occupation granted to that person by any person having lawful authority to grant that right to that other person, the Tribunal shall make a possession order granting possession of the premises to the applicant.
…
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(3) To avoid doubt, the Tribunal has jurisdiction under this section even though the premises are not subject to a tenancy agreement.
3. On 15 November 2024 the Tribunal issued an order terminating the tenancy of [NAME], the previous tenant of the premises, on the basis of abandonment, the possession order being effective from 23 April 2024.
4. No further tenancies were entered into by [NAME] in respect of the premises.
5. [NAME]’s abandonment various people have moved in and out of the premises without out any legal right to possession. The names of these [NAME] are unknown to [NAME]. Efforts to have them vacate the premises have been unsuccessful.
6. I am satisfied that the occupiers of [ADDRESS], Waihi have no legal right to occupation and an order is made granting possession to [NAME] immediately.
[NAME]
08 May 2025
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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.
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/
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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].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord proved that the current occupants had no legal right to occupy the premises.
- The tenant abandoned the property, leaving it unoccupied except for unauthorized individuals.
- The Tribunal had jurisdiction to issue a possession order even though there was no active tenancy agreement.
- Previous efforts to have unauthorized occupants vacate the premises were unsuccessful.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The claimant was granted possession of the premises immediately.
What was the dispute about?
The dispute was about whether the current occupants had a legal right to occupy the premises after the previous tenant abandoned it.
How did the court decide, and why?
The court decided in favour of the claimant, finding that the current occupants had no legal right to be in the premises.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 65, was applied.
What was the argument that mattered most?
The argument that mattered most was proving that the current occupants had no legal right to occupy the premises.
Was the decision for or against the person who brought the case?
The decision was for the claimant.
What does this mean for someone in a similar situation?
Someone in a similar situation could obtain possession of their premises if they can prove that the current occupants have no legal right to be there.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents used.