Landlord Wins Possession and Rent Arrears Order
📌 In brief
The Tenancy Tribunal granted the landlord possession of the premises and awarded rent arrears due to the tenant's failure to pay rent and breach of the tenancy agreement.
⚖️ Legal holding
A landlord is entitled to possession of the premises and rent arrears if the tenant breaches the tenancy agreement.
📖 What the law says
This rule says that if a tenancy has ended and someone is entitled to get the property back, the Tenancy Tribunal must order that person to get possession of the property. However, this order cannot be made more than three months after the tenancy ended. Also, if the Tribunal ends a tenancy under certain other sections of the Act, that decision automatically acts as an order for the landlord to get the property back.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal granted possession of the premises to the landlord and awarded rent arrears.
📜 Headnote Official document
The Tenancy Tribunal granted the landlord possession of the premises and awarded rent arrears due to the tenant's failure to pay rent and breach of the tenancy agreement.
📚 Full judgment Official document
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[2025] NZTT 5155195
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [COMPANY] As [COMPANY] is granted possession of the premises at [ADDRESS], [POSTCODE] at 5.00pm on Thursday 20 February 2025.
2. [NAME] and [NAME] must pay [COMPANY] As [COMPANY] $792.71 immediately, as shown in table below.
3. [COMPANY] is to pay the bond of $1,100.00 (5795921-003) to [COMPANY] As [COMPANY] immediately.
Description Landlord Tenant Rent arrears to 20 February 2025 $1,865.71 Filing fee reimbursement $27.00 Total award $1,892.71 Bond $1,100.00 Total payable by Tenant to Landlord $792.71
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Reasons:
1. The landlord attended the hearing via teleconference.
2. The tenants were called on the number provided but the calls were not answered. The absence of a party does not prevent the matter from being heard and determined.
3. The landlord has applied for possession of the premises following the termination of the tenancy.
4. The tenancy ended on 31 January 2025 on foot of a 90-day notice, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
5. The landlord has also applied for rent arrears and has provided rent records which prove the amount owing.
6. As the landlord has wholly succeeded with the claim, the tenant must reimburse the filing fee.
[NAME]
13 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 was granted possession of the premises because the tenancy had ended.
- The landlord proved the amount of rent arrears owed by providing rent records.
- The requirements for terminating the tenancy with a 90-day notice were met.
- The tenant must reimburse the filing fee because the landlord succeeded with the claim.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal granted the landlord possession of the premises and awarded rent arrears.
What was the dispute about?
The dispute was about the landlord's right to possession of the premises and the tenant's obligation to pay rent arrears.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant failed to pay rent and breached the tenancy agreement.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 64 was applied.
What was the argument that mattered most?
The argument that mattered most was the landlord's proof of the tenant's failure to pay rent and breach of the tenancy agreement.
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?
Someone in a similar situation should ensure they fulfill their obligations under the tenancy agreement to avoid such outcomes.
What evidence or documents mattered?
The rent records provided by the landlord mattered as evidence of the tenant's failure to pay rent.