Tribunal Grants Landlord Possession of Premises
📌 In brief
The Tenancy Tribunal granted the landlord possession of the premises and ordered the tenant to pay back the filing fee. This decision was made because the tenant did not vacate the property by the agreed date and the landlord's application met the legal requirements.
⚖️ Legal holding
A tenant must vacate the premises and reimburse the filing fee when the landlord successfully applies for possession under the Residential Tenancies Act 1986.
📖 What the law says
This rule says that if a tenancy has ended, and someone who is entitled to the property asks the Tenancy Tribunal for it, the Tribunal must order that person to get possession of the property. However, this request for a possession order must be made within three months of the tenancy ending. 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 of the premises to the landlord and ordered the tenant to reimburse the filing fee.
📜 Headnote Official document
The Tenancy Tribunal granted possession of the premises to the landlord and ordered the tenant to reimburse the filing fee. The decision was based on the termination of the tenancy and the requirements of section 64 of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5261382
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. [COMPANY] As Agent For [NAME] is granted possession of the premises at Unit/Flat [ADDRESS], [POSTCODE] immediately.
2. The [COMPANY] is to pay $27.00 from the bond of $1,300.00 (3062087-012) to [COMPANY] As Agent For [NAME] immediately.
3. The balance of the bond of $1,273.00 is to remain at the [COMPANY].
Description Landlord Tenant Filing fee reimbursement $27.00 Total award $27.00 Bond $27.00
Reasons:
1. Both parties attended the hearing which was held by teleconference. [NAME] was supported by his social worker, [NAME].
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2. The landlord has applied for possession of the premises following the termination of the tenancy.
3. The tenancy ended on 12 May 2025. [NAME] had not vacated the tenancy by that date but I understand he has now had assistance to remove his belongings from the property.
4. The keys have not yet been returned to the landlord but at today’s hearing [NAME] assured the landlord that those would be returned to them tomorrow. The tenant understands that he is liable for rent until the keys are returned.
5. The requirements of section 64(1) of the Residential Tenancies Act 1986 regarding possession are satisfied and so I am ordering possession of the premises back to the landlord.
6. Further to this I am ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against him.
C ter Haar
03 June 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 landlord successfully applied for possession under the Residential Tenancies Act 1986.
- The tenant did not vacate the premises by the agreed termination date.
- The tenant assured the landlord that the keys would be returned the next day.
- The landlord was wholly successful in the claim, entitling them to reimbursement of the filing fee.
❌ Tends to be rejected
- The tenant did not provide sufficient reason to deny the landlord possession of the premises.
- The tenant did not contest the requirement to return the keys and pay rent until the keys were returned.
- The tenant did not challenge the amount of the filing fee reimbursement requested by the landlord.
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 premises and ordered the tenant to reimburse the filing fee.
What was the dispute about?
The dispute was about the landlord's request for possession of the premises after the tenancy ended and the tenant's failure to vacate the property.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not vacate the property by the agreed date and the landlord's application met the legal requirements under the Residential Tenancies Act 1986.
Which laws or rules were applied?
Section 64 of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The most important argument was that the landlord's application for possession met the legal requirements under 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 ensure they vacate the premises by the agreed date to avoid legal action and potential financial penalties.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents used in the decision.