Tribunal Grants Landlord Possession of Premises Following Termination
📌 In brief
The Tenancy Tribunal granted the landlord possession of the rented premises and ordered the tenant to pay the filing fee. This decision followed the landlord's notice to terminate the tenancy, which was deemed valid under the Residential Tenancies Act 1986.
⚖️ Legal holding
A landlord is entitled to possession of the premises following the termination of the tenancy under the Residential Tenancies Act 1986.
📖 What the law says
This rule says that if a tenancy has ended and someone is entitled to the property, the Tenancy Tribunal must order that person to get possession of the property. However, this order cannot be made more than three months after the tenancy ended. Also, certain orders made by the Tribunal to end a tenancy automatically count 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 tenant to pay the filing fee.
📜 Headnote Official document
The Tenancy Tribunal granted possession of the premises to the landlord and ordered the tenant to pay the filing fee. The Tribunal found that the landlord's notice to terminate the tenancy met the requirements of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5177831
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [COMPANY] is granted possession of the premises at [ADDRESS], [POSTCODE] immediately.
2. [NAME] must pay [COMPANY] $27.00 immediately, being the application filing fee.
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Reasons:
1. The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered. 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 24 February 2025 via a landlord notice to terminate per section 59A(4) Residential Tenancies Act 1986 which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
4. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
M Brennan
14 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 landlord attended the hearing and two calls to the tenant went unanswered, showing adequate service.
- The tenancy ended on 24 February 2025 via a landlord notice to terminate, which is less than 90 days ago.
- The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
- The landlord has wholly succeeded with the claim for possession of the premises.
❌ Tends to be rejected
- The tenant did not attend the hearing and provide their side of the story.
- The filing fee was not contested by the tenant.
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 pay the filing fee.
What was the dispute about?
The dispute was about the landlord's request for possession of the premises following the termination of the tenancy.
How did the court decide, and why?
The court decided in favour of the landlord, finding that the notice to terminate the tenancy met the legal requirements under the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 59A(4) and 64(1), were applied.
What was the argument that mattered most?
The most important argument was that the landlord's notice to terminate the tenancy met the statutory requirements.
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?
For tenants facing a similar situation, it means they need to ensure their notice to terminate meets all statutory requirements.
What evidence or documents mattered?
The landlord's notice to terminate the tenancy was the key document considered by the Tribunal.