Tenant Evicted for Excessive Belongings Causing Fire Hazard
📌 In brief
The Tenancy Tribunal granted the landlord possession of the premises and ordered the tenant to pay a sum of money. The tenancy was terminated because the room had too many belongings, which could cause a fire hazard, and an unregistered occupant was found sleeping in the room.
⚖️ Legal holding
A landlord is entitled to possession of the premises under section 66Y of the Residential Tenancies Act if the tenancy is terminated due to excessive belongings posing a fire hazard.
📖 Technical summary
The Tribunal granted possession to the landlord and ordered the tenant to pay a sum immediately.
📜 Headnote Official document
The Tenancy Tribunal granted possession of the premises to the landlord and ordered the tenant to pay a sum immediately. The tenancy was terminated due to excessive belongings in the room, which posed a serious fire hazard and included an unregistered occupant.
📚 Full judgment Official document
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[2025] NZTT 5252640
TENANCY TRIBUNAL AT WHANGANUI | TE TARAIPIUNARA RETIHANGA KI WHANGANUI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room 222, 79 - [ADDRESS], [POSTCODE], [NAME]
ORDER
1. [COMPANY] is granted possession of the premises at Room 222, 79 - [ADDRESS], [POSTCODE], [NAME] immediately.
2. [NAME] must pay [COMPANY] the sum of $27.00 immediately.
Reasons:
1. The landlord attended the hearing which was conducted via video. The tenant did not join the hearing.
2. The landlord has applied for possession of the premises following the termination of the tenancy.
3. The tenancy ended on 29 April 2025 when the landlord gave notice under section 66U of the Residential Tenancies Act as a result of a notice given on 26 April 2025 to terminate because the room contained an excessive amount of personal belongings, which could pose a serious fire hazard and because a [NAME] who was not a registered tenant was found sleeping inside the room.
4. The Tribunal must grant possession under section 66Y of the Act.
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5. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
15 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 showed that the tenant had an excessive amount of personal belongings.
- These belongings posed a serious fire hazard.
- The landlord provided notice under section 66U of the Residential Tenancies Act.
- The Tribunal must grant possession under section 66Y of the Act.
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 ordered the tenant to pay a sum of money.
What was the dispute about?
The dispute was about whether the tenant's excessive belongings and the presence of an unregistered occupant justified terminating the tenancy.
How did the court decide, and why?
The court decided in favour of the landlord because the room contained an excessive amount of personal belongings, which posed a serious fire hazard, and an unregistered occupant was found sleeping inside the room.
Which laws or rules were applied?
Section 66U and Section 66Y of the Residential Tenancies Act were applied.
What was the argument that mattered most?
The argument that mattered most was that the room contained an excessive amount of personal belongings, which posed a serious fire hazard, and an unregistered occupant was found sleeping inside the room.
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 might face eviction if their premises contain excessive belongings that pose a fire hazard.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.