Tenant Eviction Order Granted by Tenancy Tribunal
📌 In brief
The Tenancy Tribunal granted a possession order to the landlord, allowing them to regain control of the premises from the tenant by a specified date. The order was based on the termination of the tenancy within 90 days, satisfying the requirements of section 64(1) of the Residential Tenancies Act 1986.
⚖️ Legal holding
A landlord is entitled to an immediate possession order under section 64(1) of the Residential Tenancies Act 1986 if the tenancy has ended within 90 days.
📖 What the law says
This rule says that if a tenancy has ended, the Tenancy Tribunal must order that the person who is entitled to the property gets it back. However, this order cannot be made more than three months after the tenancy ended.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal granted possession of the premises to the landlord and ordered the tenant to vacate by a specific date.
📜 Headnote Official document
The Tenancy Tribunal granted a possession order to the landlord, allowing them to regain control of the premises from the tenant by a specified date. The order was based on the termination of the tenancy within 90 days, satisfying the requirements of section 64(1) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5270661
TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Waimauku, RD 1, Waimauku 0891
ORDER
1. [COMPANY] and [COMPANY] is granted possession of the premises at [ADDRESS], Waimauku, RD 1, Waimauku 0891 at 11.59pm on Saturday 28 June 2025.
2. [NAME] and [NAME] must pay to [COMPANY] and [COMPANY] the sum of $27.00 immediately, being the Tribunal application fee.
Reasons:
1. Both parties attended the hearing. [NAME] represented the landlord.
2. The landlord has applied for possession of the premises following the termination of the tenancy.
3. The tenancy ended on 13 May 2025, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied. This means that the landlord is entitled to an immediate possession order. However, [NAME] agreed to give the tenants further time to vacate (to 28 June 2025).
4. This possession order remains enforceable for 90 days from the date of this order: section 64(4)(a) Residential Tenancies Act 1986.
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5. The landlord has been successful in its claim and is therefore entitled to payment of the Tribunal application fee.
[NAME]
28 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 tenancy ended less than 90 days ago, meeting the requirement for an immediate possession order.
- The landlord applied for possession following the termination of the tenancy.
- The landlord requested payment of the Tribunal application fee, which was granted since the landlord was successful in their claim.
❌ Tends to be rejected
- The tenant's agreement to give further time to vacate did not affect the enforceability of the possession order.
- The notice of the hearing was received, so there was no basis for a rehearing due to lack of notification.
- There were no grounds presented for an appeal based on the amount involved or the nature of the order.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal granted a possession order to the landlord, allowing them to regain control of the premises from the tenant by a specified date.
What was the dispute about?
The dispute was about the landlord's request for possession of the rented premises following the termination of the tenancy.
How did the court decide, and why?
The court decided to grant the possession order because the tenancy had ended within 90 days, meeting the criteria set by section 64(1) of the Residential Tenancies Act 1986.
Which laws or rules were applied?
Section 64(1) of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenancy had ended within 90 days, thus meeting the criteria for an immediate possession order.
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 also be granted a possession order if their tenancy has ended within 90 days.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.