Tenant Granted Possession Order by Tenancy Tribunal
📌 In brief
The Tenancy Tribunal granted possession to the claimant, confirming their legal ownership and entitlement under the Residential Tenancies Act 1986. The claimant acquired the property through a sale and provided sufficient proof of ownership, including a sale and purchase agreement and a certificate of title.
⚖️ Legal holding
A tenant is entitled to possession of a property under section 58 of the Residential Tenancies Act 1986 if they acquire the property through a sale and provide sufficient proof of ownership.
📖 What the law says
This section explains what happens when someone, like a new owner or a bank (mortgagee), becomes legally entitled to take possession of a rental property from the landlord. It states that the existing tenancy agreement continues even when this change of ownership or entitlement occurs. For certain parts of the Act, the new owner or entitled person is treated as if they have taken over the landlord's role.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal granted possession to the claimant, confirming their legal ownership and entitlement under the Residential Tenancies Act 1986.
📜 Headnote Official document
The Tenancy Tribunal granted possession to the claimant, confirming their legal ownership and entitlement under the Residential Tenancies Act 1986. The claimant acquired the property through a sale and provided sufficient proof of ownership, including a sale and purchase agreement and a certificate of title.
📚 Full judgment Official document
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[2025] NZTT 5148831
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
RESPONDENT: [redacted]
[ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] are granted possession of the premises at [ADDRESS], [POSTCODE] immediately.
Reasons:
1. The applicants’ attended the hearing which was held by teleconference. The Tribunal was unable to contact the respondent. The respondent was contacted on the contact number provided in the application but without success. I was satisfied that adequate service of the hearing notice had been completed and that the respondent ought to be aware of the hearing. I deemed it reasonable to proceed with the hearing in the respondent’s absence.
2. The applicants have filed for possession of the property under section 58 of the Residential Tenancies Act 1986 (RTA), which applies when a [NAME] or other person becomes entitled to possession. The applicants have provided a sale and purchase agreement confirming they acquired the property ([ADDRESS], [POSTCODE]) at a [NAME] sale, with the stipulated settlement date of 23 January 2025. Additionally, they have supplied a certificate of title, establishing their legal ownership. These documents sufficiently prove their entitlement to possession under the Act.
3. Under Section 58(1) of the RTA, where a [NAME] or purchaser under a [NAME] sale has become entitled to possession, they can apply for an order for possession against a former owner or occupant who refuses to vacate. The applicants have taken reasonable steps to facilitate the respondent’s departure by voluntarily extending the settlement period from 23 December 2024 to 23
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January 2025, allowing her additional time to vacate. This demonstrates good faith on the part of the applicants.
4. Despite this extension, the respondent has refused to vacate and was served a trespass notice on 28 January 2025. At this stage, the respondent has no legal right, over that of the applicants, to remain at the property. The [NAME] sale has lawfully transferred ownership to the applicants, and any continued occupation by the respondent constitutes trespassing.
5. As the applicants have met the legal burden of proof, establishing both ownership and entitlement to possession under section 58, the application for possession should be granted. The respondent must vacate the premises immediately, and if she fails to comply, the applicants may seek further enforcement action through the appropriate legal channels, including a warrant of possession under section 64 of the RTA.
6. Accordingly, the decision is to grant possession to the applicants, recognising their legal ownership and entitlement under the RTA. The respondent is to vacate the property, failing which the applicants may take enforcement measures if necessary.
[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 [NAME]/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]/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]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/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]/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 applicants provided a sale and purchase agreement, confirming they acquired the property at a sale.
- The applicants supplied a certificate of title, establishing their legal ownership of the property.
- The applicants took reasonable steps to facilitate the respondent's departure by extending the settlement period.
- The respondent refused to vacate the property despite the extension and was served a trespass notice.
- The applicants met the legal burden of proof, establishing both ownership and entitlement to possession under section 58.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal granted possession to the claimant, confirming their legal ownership and entitlement under the Residential Tenancies Act 1986.
What was the dispute about?
The dispute was about the claimant's entitlement to possession of the property after acquiring it through a sale.
How did the court decide, and why?
The court decided to grant possession to the claimant because they provided sufficient proof of ownership, including a sale and purchase agreement and a certificate of title.
Which laws or rules were applied?
Section 58 of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The claimant's argument that they acquired the property through a sale and provided sufficient proof of ownership was the most important.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation can obtain possession of a property if they can provide sufficient proof of ownership under the Residential Tenancies Act 1986.
What evidence or documents mattered?
The sale and purchase agreement and the certificate of title mattered in this case.