Tenant Ordered to Vacate Premises by Specific Date
📌 In brief
The Tenancy Tribunal ordered a tenant to vacate their rental property by a specific date. The tenant has the option to leave earlier if they give the landlord sufficient notice.
⚖️ Legal holding
A tenant must vacate the premises by the agreed date or an earlier date if conditions are met.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to vacate the premises by a specific date, with options for earlier departure under certain conditions.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to vacate the premises at a specific address by a set date, with the option to leave earlier under certain conditions. The order was made following a hearing where both parties agreed to the terms.
📚 Full judgment Official document
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[2025] NZTT 5149371
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER by CONSENT
1. The parties agree that the tenant will vacate the premises at [ADDRESS], [POSTCODE] and provide possession to the landlord, no later than 11.59 pm on Sunday 13 April 2025.
2. The parties agree that the tenant may at his sole discretion, choose to vacate the premises at [ADDRESS], [POSTCODE] and provide possession to the landlord, anytime between 11.59 pm on Sunday 6 April 2025 and 11.59 pm on Sunday 13 April 2025 by giving no less than 72 hours advance notice to the landlord.
Reasons:
1. Both parties attended the hearing which was held by teleconference.
2. [NAME] was represented by [NAME] of [COMPANY].
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3. The landlord is seeking possession of the premises following a 63-day notice being served on the tenant on 23 October 2024.
4. Claims relating to application 4949751 are scheduled to be heard in person on 26 March 2025.
5. No order regarding reimbursement of the filing fee is made.
[NAME]
19 March 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 tenant agreed to vacate the premises by a set deadline.
- The tenant has the option to vacate earlier with proper notice.
- Both parties attended the hearing via teleconference.
❌ Tends to be rejected
- There are no arguments listed that were rejected by the court in this decision.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision ordered the tenant to vacate the premises by a specific date, with options for earlier departure.
What was the dispute about?
The dispute was about the tenant's obligation to vacate the premises as requested by the landlord.
How did the court decide, and why?
The court decided that the tenant must vacate the premises by the agreed date or an earlier date if conditions are met, based on the agreement reached during the hearing.
Which laws or rules were applied?
No specific laws or rules were cited in the decision.
What was the argument that mattered most?
The most important argument was the mutual agreement between the landlord and the tenant regarding the terms of vacating the premises.
Was the decision for or against the person who brought the case?
The decision was against the tenant, as it required them to vacate the premises according to the landlord's request.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have a clear agreement with the landlord regarding the terms of vacating the premises.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that were considered.