Tenant's Notice Ends Tenancy, Landlord Granted Possession
📌 In brief
The Tenancy Tribunal granted the landlord possession of the premises after the tenant gave written notice to end the tenancy and removed all belongings.
⚖️ Legal holding
A tenant who provides written notice to terminate the tenancy and removes all belongings is deemed to have ended the tenancy under the Residential Tenancies Act 1986.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a landlord's notice to end a tenancy if the tenant believes the landlord gave the notice because the tenant complained or used their rights. The tenant must apply within 14 working days of receiving the notice.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal granted possession of the premises to the landlord following the tenant's written notice to terminate the tenancy and removal of all belongings.
📜 Headnote Official document
The Tenancy Tribunal granted possession of the premises to the landlord following the tenant's written notice to terminate the tenancy and removal of all belongings.
📚 Full judgment Official document
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[2025] NZTT 5209572
TENANCY TRIBUNAL AT PUKEKOHE | TE TARAIPIUNARA RETIHANGA KI PUKEKOHE
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room 2, [ADDRESS], [POSTCODE]
ORDER
1. [COMPANY] is granted possession of the premises at Room 2, [ADDRESS], [POSTCODE] immediately.
Reasons:
1. The landlord attended the hearing, the tenant did not. Because I am satisfied the tenant was served notice of the hearing in accordance with the Residential Tenancies Act, 1986, and he has not requested an adjournment, the hearing was conducted in his absence.
2. The landlord’s application was for termination of the tenancy.
3. At the hearing today the landlord produced a letter from the tenant to the landlord, dated 11 April 2025 and signed by the tenant in which the tenant gives written notice to end the tenancy “effective immediately”. In the letter the tenant states that he has not lived at that address since 22 March 2025.
4. On Monday 14 April 2025 the landlord entered the premises and discovered that all of the tenant’s belongings had been removed.
5. In light of these events, the landlord today sought an order confirming possession of the premises.
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6. I am satisfied the tenant has given notice to end the tenancy, has moved out of the premises and has removed all his belongings from the premises.
7. The landlord stated that the tenant has not returned the keys.
8. Leave is granted for the landlord to bring a further application to the Tribunal for damages and compensation in due course.
9. The landlord is not seeking reimbursement of the filing fee.
[NAME]
17 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:
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal granted the landlord possession of the premises.
What was the dispute about?
The dispute was about whether the tenant's notice to end the tenancy and removal of belongings was sufficient to terminate the tenancy.
How did the court decide, and why?
The court decided in favour of the landlord, reasoning that the tenant had given proper notice and had removed all belongings from the premises.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 54, was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had given written notice to end the tenancy and had removed all belongings from the premises.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, providing written notice to end the tenancy and removing all belongings may be sufficient to terminate the tenancy.
What evidence or documents mattered?
The evidence that mattered included the tenant's written notice to end the tenancy and the fact that all belongings were removed from the premises.