Landlord Granted Possession After Termination - Tenancy Tribunal Decision
📌 In brief
The Tenancy Tribunal terminated the tenancy of the tenant and granted the landlord possession of the premises at the specified address. The tenant was ordered to vacate the premises within 28 days and pay outstanding power bills.
⚖️ Legal holding
A landlord is entitled to terminate a periodic tenancy if they require the premises as their principal place of residence for at least 90 days.
📖 What the law says
This section explains how much notice a landlord must give to end a tenancy. If the landlord needs the property for themselves or a family member to live in, they must give at least 42 days' notice.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated and the landlord granted possession of the premises.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant and granted the landlord possession of the premises at the specified address. The tenant was ordered to vacate the premises within 28 days and pay outstanding power bills.
📚 Full judgment Official document
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[2025] NZTT 5109089
TENANCY TRIBUNAL - [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
2. The tenancy of [NAME] is terminated and [The landlord/s] is granted possession of the premises at [Tenancy address suppressed] at 11:59pm on 20 March 2025.
3. [NAME] owes [The landlord/s] $2,553.00, as calculated in the table below:
Description Landlord Tenant Power bills to 10 January 2025 $2,526.00 Filing fee reimbursement $27.00 Total award $2,553.00
4. [COMPANY] is to pay [The landlord/s] $2,553.00 from the bond ([Bond number suppressed]) immediately. The remaining $727.00 is to remain at [COMPANY].
Reasons:
1. Both parties attended the hearing. The landlord was assisted by an interpreter.
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2. The landlord has applied for termination of the tenancy, possession of the premises, and an order for outstanding power bills.
Background
3. The tenancy started on 27 April 2024. The premises consist of the three- bedroom home. There is also a two-bedroom flat and a garage on the premises. All share power but each residence has a separate power check meter.
4. On 13 December 2024 the landlord served a 63-day notice on the tenant giving notice to terminate the periodic tenancy because both himself and his sons needed the property as their principal place of residence. The notice records the last day of the tenancy as 14 February 2025, being the date of the hearing.
5. In November 2024 there had been another Tribunal hearing in respect of an earlier 63-day notice issued by the landlord. The tenant had applied to have the notice set aside as being retaliatory and the Tribunal had ordered that the termination notice be set aside.
6. The tenant advised that as a result, she had not intended to move out of the property, despite receiving the new notice for termination. The tenant had not applied to set aside the notice, nor did she file any claims alleging that the notice was retaliatory.
7. The landlord claims that his sons are returning to attend school in New Zealand, and he had cancelled their previous flights due to the previous Tribunal order but needed to urgently rebook. He also himself intended to move into the property, together with his sons, as it was untenable for him to continue living in the garage.
8. In addition, the landlord had sought an order for outstanding power bills. The previous Tribunal order had required that he recalculate the power usage deducting fixed charges, internet charges and that he provide sufficient evidence of the check meter readings through the tenancy and at the end of the relevant calculation periods.
Termination
9. Section 51(1)(a) of the Residential Tenancy Act 1986 (RTA) allows a landlord to terminate a periodic tenancy by giving at least 63 days’ notice if the owner of the premises requires the premises, within 90 days after the termination date, as the principal place of residence for at least 90 days for the owner or a member of the owner’s family.
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10. Section 51(3) provides the requirements of a notice to terminate, including that it must be in writing, identify the premises it relates to, specify the vacate date, be signed, and provide the reasons for the termination. On review, the 63-day notice complies with the requirements of s51(3).
11. Although the previous notice may have been set aside for being retaliatory, there is no evidence provided that this new notice is retaliatory. I need to determine this notice on its own merits. In my view, the notice is valid.
12. The tenancy is therefore terminated.
13. The possession date was discussed at the hearing. Although the landlord requested possession as soon as possible, he was amenable to allowing the tenant two weeks to move out. The tenant requested three months to enable her to be able to find another property.
14. I have granted the possession date in 28 days. This should enable the tenant sufficient time to find another property.
15. The landlord also issued two 14-days notices relating to breaches of obligations, however, as I have determined that there is a valid 63-day notice and the tenancy is terminated, I have not considered these further.
Outstanding power
16. The landlord claims for outstanding power usage. In accordance with the previous Tribunal order, the landlord has recalculated the outstanding amounts and claims for $2,526.00 for usage only through to 10 January 2024.
17. The amount ordered is proved.
Suppression and filing fee
18. Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.
19. Both parties also sought suppression. The landlord has been wholly successful, so I have granted suppression to the landlord. No reasons were advanced by the tenant that justifies any further orders for suppression.
[NAME] 20 February 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 provided a valid 63-day notice to terminate the tenancy, which met all statutory requirements.
- The landlord demonstrated a genuine need to use the property as his principal place of residence for at least 90 days.
- The landlord successfully claimed for outstanding power bills, providing sufficient evidence of the amounts owed.
❌ Tends to be rejected
- The tenant did not provide evidence that the termination notice was retaliatory, despite previous issues.
- The tenant requested more time to move out, but the tribunal granted possession in 28 days instead.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenancy of the tenant and granted the landlord possession of the premises at the specified address.
What was the dispute about?
The dispute was about the termination of the tenancy and the payment of outstanding power bills.
How did the court decide, and why?
The court decided to terminate the tenancy and grant possession to the landlord because the landlord required the premises as his principal place of residence for at least 90 days.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 51 was applied.
What was the argument that mattered most?
The argument that mattered most was that the landlord required the premises as his principal place of residence for at least 90 days.
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, if they require the premises as their principal place of residence for at least 90 days, they may be able to terminate the tenancy and obtain possession of the premises.
What evidence or documents mattered?
The evidence and documents that mattered included the 63-day notice given by the landlord and the calculation of outstanding power bills.