Tenant Ordered to Vacate Unsafe Premises
📌 In brief
The Tenancy Tribunal ordered a tenant to vacate unsafe and unsanitary living conditions, granting possession to the landlord. The tenant had been living in a workshop/shed on the property since a large house fire.
⚖️ Legal holding
A tenant must vacate the premises when the landlord proves that the living conditions are unsafe and unsanitary.
📖 Technical summary
The Tenancy Tribunal terminated the tenancy and granted possession to the landlord.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant living in unsafe and unsanitary conditions, granting possession to the landlord. The tenant had repeatedly promised to vacate but failed to do so.
📚 Full judgment Official document
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[2025] NZTT 5025030
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated as at today.
2. [COMPANY] is granted possession of the premises at [ADDRESS], [POSTCODE] immediately.
3. [NAME] must pay [COMPANY] the filing fee of $20.44 immediately.
Reasons:
1. Only the landlord attended the hearing.
2. The landlord has applied for possession of the premises and for water rates.
3. The landlord has previously obtained an order for rent to be paid up to 4 April 2024. On that date, the premises burned down and could no longer be lived in.1
1 Large house fire in Massey, armed police in attendance - NZ Herald
https://www.nzherald.co.nz/nz/large-house-fire-in-massey-sending-plumes-of-smoke-over-west-auckland-armed-police-in-attendance/NXX33LTZFJAFPDT6WMSN5HK74Y/
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4. Since then, the tenant has been living in a workshop / shed located on the property. He has installed a Portaloo and runs an extension cord to the neighbouring property for power.
5. The tenant has repeatedly promised to vacate, but has failed to do so.
6. I am very concerned that the above living arrangements are not safe or sanitary.
7. An order is formally now made terminating the tenancy. The landlord is entitled to possession.
8. The landlord’s claim for further water rates is dismissed as no evidence has been provided.
9. [COMPANY] has succeeded with the claim I must reimburse the filing fee.
D Watson
01 April 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 living conditions in the workshop/shed are unsafe and unsanitary.
- The tenant promised to vacate but failed to do so.
- The landlord is entitled to possession of the premises.
- The landlord has already paid the filing fee and is entitled to reimbursement.
❌ Tends to be rejected
- There was no evidence provided to support the claim for further water rates.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenant to vacate the premises immediately due to unsafe and unsanitary living conditions.
What was the dispute about?
The dispute was about whether the tenant should continue to live in a workshop/shed on the landlord's property after a large house fire.
How did the court decide, and why?
The court decided that the tenant must vacate the premises because the living conditions were deemed unsafe and unsanitary.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was that the living conditions were unsafe and unsanitary.
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 ensure their living conditions are safe and sanitary to avoid being ordered to vacate the premises.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.