Tenant ordered to vacate premises after termination of tenancy
📌 In brief
The Tenancy Tribunal ruled that a tenant must vacate their rented premises after the tenancy was terminated. The tenant was also required to pay the landlord's filing fee.
⚖️ Legal holding
A tenant must vacate the premises upon termination of the tenancy under section 64(1) of the Residential Tenancies Act 1986.
📖 What the law says
This section says that if a tenancy has ended, and someone is entitled to get the property back, the Tenancy Tribunal must order that person to be given possession of the property. 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 tenancy was terminated and possession granted to the landlord.
📜 Headnote Official document
In this Tenancy Tribunal case, the tenancy of the tenant was terminated, and possession was granted to the landlord. The tenant was ordered to vacate the premises and pay the landlord's filing fee.
📚 Full judgment Official document
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[2025] NZTT 5167077
TENANCY TRIBUNAL AT NORTH SHORE | TE TARAIPIUNARA RETIHANGA KI ŌKAHUKURA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/Flat [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As Agent For [NAME] at 5:00 pm on Friday 14th March 2025.
2. [NAME] must pay [COMPANY] As Agent For [NAME] $27.00 immediately, for filing fee reimbursement.
Reasons:
1. Both parties attended the hearing via teleconference.
2. The landlord has applied for possession of the premises following the termination of the tenancy.
3. The tenancy ended on 14th February 2025, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
4. I grant possession to the landlord [COMPANY] As Agent For [NAME] at 5:00 pm on Friday 14th March 2025. The tenant is liable to pay for rent up until then.
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5. Furthermore, because the landlord has wholly succeeded with the claim, the tenant must reimburse the landlord’s filing fee of $27.00.
[NAME]
03 March 2025
__________________________________________________________________________________ 5167077 3
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 requirements of the law.
- The landlord applied for possession following the termination of the tenancy.
- The tenant must pay the landlord's filing fee of $27.00.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was ordered to vacate the premises and pay the landlord's filing fee.
What was the dispute about?
The dispute was about whether the tenant had to vacate the premises after the tenancy was terminated.
How did the court decide, and why?
The court decided to grant possession to the landlord and order the tenant to vacate the premises because the requirements of section 64(1) of the Residential Tenancies Act 1986 were satisfied.
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 been terminated less than 90 days ago, satisfying the requirements of section 64(1) of the Residential Tenancies Act 1986.
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 expect to vacate the premises and potentially pay the landlord's filing fee if the tenancy is terminated.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.