Tribunal Grants Landlord Possession Order Following Proper Service
📌 In brief
The Tenancy Tribunal granted the landlord possession of the rented property after confirming that the tenant received proper notice of the hearing. The case was reopened due to the landlord providing proof of service within the required timeframe.
⚖️ Legal holding
A tenant must provide proof of service to the landlord for the case to be reopened.
📖 Technical summary
The Tribunal granted possession of the premises to the landlord following the termination of the tenancy.
📜 Headnote Official document
The Tribunal granted possession of the premises to the landlord following the termination of the tenancy. The Tribunal was satisfied that the tenant had been properly notified of the hearing.
📚 Full judgment Official document
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[2025] NZTT 5266239, 5224355
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] Sia
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. The Tribunal declares that case number 5224355 is reopen pursuant to the directions of the Adjudicator in the order dated 1 May 2025.
2. [COMPANY] As Agent For Johnny & Lucy Sia is granted possession of the premises at Unit/[ADDRESS], [POSTCODE] from the end of Thursday 12 June 2025.
Reasons:
1. Only the applicant landlord attended the hearing which took place by teleconference today. The [NAME] manager answered the call and attended the hearing for the landlord. The tenant was called on the number provided (ending in 279) three times and the calls went to voicemail.
2. This matter was considered by the Tribunal on 1 May 2025. The Adjudicator was not satisfied that service had been effected on the tenant and directed that: “the landlord is granted a period of 28 days within which, if they can prove that the respondent has been served notice of the hearing in accordance with section 91A of the Residential Tenancies Act, 1986, the application will be brought back before the Tribunal and the matter will be re-opened.”
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3. The file records that the tenant was sent notice of today’s hearing and the documents filed by the applicant by email to the email address recorded as the address for service on the tenancy agreement on 21 May 2025.
4. The [NAME] manager advised that a senior [NAME] manager also visited the tenant on 27 May 2025 and spoke with him in person about the hearing.
5. I am satisfied that the tenant has been given notice of today’s hearing, so the hearing proceeded in his absence.
6. As the landlord has provided proof within 28 days of 1 May 2025 that the tenant has been given notice of the hearing the case is reopened.
7. The landlord has applied for possession of the premises following the termination of the tenancy.
8. The tenancy ended on 9 January 2025, which is less than 90 days from the date the application was filed on 3 April 2025. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
9. The landlord wishes to give the tenant one week to move from the premises so possession is granted from the end of Thursday 12 June 2025.
[NAME]
05 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 [NAME] 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 [NAME].
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 proved they sent notice of the hearing and documents to the tenant's email address.
- A senior manager from the landlord's agent visited the tenant in person and discussed the hearing.
- The landlord provided proof of service within the 28-day period set by the previous adjudicator.
- The tenancy ended less than 90 days before the application for possession was filed.
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.
What was the dispute about?
The dispute was about whether the landlord could regain possession of the rented property after the tenancy ended.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant was properly notified of the hearing and the landlord provided proof of service within the required timeframe.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 91A, was applied.
What was the argument that mattered most?
The most important argument was that the landlord provided proof that the tenant had been properly notified of the hearing.
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 someone in a similar situation, ensuring proper notification of the hearing is crucial for reopening a case.
What evidence or documents mattered?
The evidence included proof of service via email and a visit from a senior manager to speak with the tenant about the hearing.