Tenant eviction allowed - Tenancy Tribunal ruling

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[2026] NZTT 5510230

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted] [NAME_2]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]

ORDER

1. [COMPANY_1] As Agent For [NAME_2] is granted possession of the premises at Unit/[ADDRESS], [POSTCODE] at 4pm on Monday, 15 June 2026.

2. [COMPANY_4] is to pay $1,320.00 from the bond of $2,400.00 to [COMPANY_1] As Agent For [NAME_2] immediately, as shown in the table below:

Description Landlord Rent arrears (to 15 June 2026) $1,200.00 Access call out fee $92.00 Filing fee reimbursement $28.00 Total award $1,320.00

3. The balance of the bond of $1,080.00 is to remain at [COMPANY_4].

Reasons:

1. Both parties attended the hearing.

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2. The landlord has applied for possession of the premises following the termination of the tenancy.

3. The tenancy ended on 15 May 2026, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 (RTA) are satisfied. The tenant asked for possession to be granted on Monday to give him a chance to move some items. The Landlord agreed to that.

4. The Landlord claimed rent arrears to the possession date and provided rent records which prove the amount owing.

5. The Landlord also claimed a callout fee for providing access to the tenant. The tenant accepted that charge.

6. As the Landlord was the successful party, I also award reimbursement of the tribunal application fee.

7. The tenant requested suppression of his details. He was not the successful party. See s95A RTA. He provided medical evidence to support his application, but that evidence relates to a period after he should have moved from the premises, and after this application was made. I accept the Landlord’s submission that the public interest in other Landlord’s being aware of this application and the issues which arose at the end of the tenancy is greater than the tenant’s interest in his name being suppressed. The request for suppression is dismissed.

R Morgan

11 June 2026

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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, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is 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 [NAME_5]/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 [NAME_5]/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.[NAME_5]/disputes/enforcing-decisions https://www.[NAME_5]/disputes/enforcing-decisions http://www.[NAME_5]/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: [NAME_5]/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

Reasons: