Tribunal Grants Landlord Possession After Termination
📌 In brief
The Tenancy Tribunal granted the landlord possession of the rented property and ordered the removal of vehicles after the tenancy was terminated. The tenant did not attend the hearing.
⚖️ Legal holding
A landlord is entitled to possession of the premises upon termination of the tenancy under the Residential Tenancies Act 1986.
📖 What the law says
This section states that if a tenancy has ended and someone is entitled to get the property back, the Tenancy Tribunal must issue an order giving them possession. However, this order cannot be made more than three months after the tenancy officially ended. Also, if the Tribunal ends a tenancy under certain other sections of the Act, that decision automatically acts as an order for the landlord to get possession of the property.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal granted possession to the landlord and ordered the removal of vehicles from the property.
📜 Headnote Official document
The Tenancy Tribunal granted possession of the premises to the landlord and ordered the removal of vehicles after the termination of the tenancy. The order was made following a hearing where the tenant did not attend.
📚 Full judgment Official document
__________________________________________________________________________________ 5115288 1
[2025] NZTT 5115288
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
2. [The landlord/s] are granted possession of the premises at [Tenancy address suppressed] at 5pm Wednesday 12 March 2025.
3. The bus and two cars located at the property are to be removed no later than 5pm Wednesday 19 March 2025.
__________________________________________________________________________________ 5115288 2
Reasons:
1. The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
2. The landlord has applied for possession of the premises following the termination of the tenancy.
3. The tenancy ended on 7 March 2025 after a landlord notice to terminate was served. This is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 (“RTA”) are satisfied.
4. The background to the tenancy and this application is atypical. I have made the possession per s 64 RTA as sought. In the alternative, if the tenant had attended the hearing and challenged jurisdiction, I consider a possession order would still have been made, albeit per s 65 RTA. The owner clearly has revoked any right of occupation.
5. It appears the tenant is already in the process of moving out. The dates set in this order reflect that.
M Brennan 11 March 2025
__________________________________________________________________________________ 5115288 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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord served a notice to terminate the tenancy, which was less than 90 days ago.
- The landlord attempted to notify the tenant of the hearing through two calls, leaving a message after the first call.
- The tenant did not attend the hearing, allowing the landlord to proceed without challenge.
❌ Tends to be rejected
- The tenant did not provide any counterarguments or challenges during the hearing.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal granted the landlord possession of the rented property and ordered the removal of vehicles.
What was the dispute about?
The dispute was about the landlord's request for possession of the premises after terminating the tenancy.
How did the court decide, and why?
The court decided to grant possession to the landlord because the tenancy had been properly terminated and the landlord had met the statutory requirements.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 64, was applied.
What was the argument that mattered most?
The most important argument was that the landlord had followed the correct procedures to terminate the tenancy.
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 they follow all legal requirements when terminating a tenancy.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents used.