Former Tenant Officially Removed From Tenancy
📌 In brief
In this Tenancy Tribunal case, the Tribunal declared a former tenant removed from the tenancy due to ongoing challenges in managing the premises. The landlord sought clarity regarding the former tenant's status, which was resolved through a formal declaration.
⚖️ Legal holding
A tenant who has ceased residing in the premises can be formally removed from the tenancy by declaration.
📖 Technical summary
The Tribunal declared the former tenant removed from the tenancy.
📜 Headnote Official document
In this Tenancy Tribunal case, the Tribunal declared a former tenant removed from the tenancy due to ongoing challenges in managing the premises. The landlord sought clarity regarding the former tenant's status, which was resolved through a formal declaration.
📚 Full judgment Official document
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[2025] NZTT 5146188
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENTS: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] as Agent for [NAME] $27.00 immediately, being the application filing fee.
2. By declaration, [NAME] is removed from this tenancy immediately. The tenancy continues in the name of [NAME] only.
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Reasons:
1. Both parties attended the hearing, conducted via teleconference. An attempt to call [NAME] was unsuccessful.
2. The landlord had sought termination, rent arrears and the bond. By the time of the hearing all rent arrears had been paid by Ms [NAME]. The landlord did not seek termination but did want clarity regarding [NAME] and his status.
3. I understand [NAME] left the premises around July 2024. He has not resided since but he has not formally removed himself from the tenancy. This has created a challenge for the remaining tenant in managing the tenancy by adding a new tenant or flatmate.
4. Given this, I have removed [NAME] from the tenancy by way of declaration. This was supported by the landlord.
5. [COMPANY] as Agent for [NAME] had a valid application at the time of lodgement I reimburse the filing fee.
M Brennan
14 March 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 former tenant had not lived at the property since July 2024.
- The former tenant had not formally removed himself from the tenancy.
- The remaining tenant faced challenges managing the tenancy due to the former tenant's status.
- The landlord supported the removal of the former tenant by declaration.
- The landlord's application was valid when it was first submitted.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal declared the former tenant removed from the tenancy.
What was the dispute about?
The dispute was about clarifying the status of a former tenant who had ceased residing in the premises but had not formally removed themselves from the tenancy.
How did the court decide, and why?
The court decided to remove the former tenant from the tenancy to resolve ongoing challenges in managing the premises, as supported by the landlord.
Which laws or rules were applied?
No specific laws or rules were cited in the decision.
What was the argument that mattered most?
The argument that mattered most was the need to clarify the status of the former tenant to facilitate proper management of the tenancy.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that a former tenant who has ceased residing in the premises can be formally removed from the tenancy to resolve management issues.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that were considered.