eviction
📖 What is eviction? Meaning and definition
In New Zealand, eviction refers to the formal removal of an occupant from a property, typically initiated by the landlord or the person legally entitled to possession. This process is usually overseen by the Tenancy Tribunal, which can issue an order for possession. For tenants, an eviction often results from failing to meet obligations, such as not paying rent by a specified deadline, as seen in cases where the Tribunal orders termination of the tenancy and immediate possession for the landlord if a debt is not paid.
The Tenancy Tribunal's jurisdiction extends beyond formal tenancy agreements. It can also grant possession to a registered owner of a property even if there is no tenancy agreement in place, for instance, when dealing with squatters or trespassers. This means that an eviction can occur even if the person occupying the premises does not have a formal right of occupation granted by the lawful authority.
The process involves an application to the Tribunal, which, if satisfied with the grounds, will issue a possession order. This order dictates that the occupant must vacate the premises and possession will revert to the applicant. The Tribunal can also make orders for any outstanding debts, such as unpaid rent or filing fees, to be paid immediately alongside the eviction.
📋 Requirements
- An application must be made by the person entitled to possession of the premises.
- The Tenancy Tribunal must be satisfied that the occupant is in possession without a lawful right of occupation.
- For tenants, failure to pay rent or other specified debts by a set deadline can lead to an eviction order.
- The applicant must be the registered owner or landlord of the premises.
📝 Procedure
- The landlord or owner files an application with the Tenancy Tribunal.
- A hearing is held, which the parties may attend.
- The Tenancy Tribunal assesses the evidence and determines if the grounds for eviction are met.
- If satisfied, the Tribunal issues an order for possession, often specifying a date for the tenancy to terminate and possession to return to the landlord.
- The Tribunal may also order the occupant to pay any outstanding debts, such as rent arrears or filing fees.
💡 Examples
- A tenant was evicted after failing to pay $2,960.00 in rent and a $27.00 filing fee by the specified date, leading to the tenancy terminating and the landlord gaining immediate possession.
- A landlord successfully applied to the Tenancy Tribunal for an eviction order against occupants who were deemed squatters, allowing the registered owner to regain possession of the property.
- A couple faced eviction from their rented property if they did not pay $3,000.00 in overdue rent by 5pm on a specific Friday, with the tenancy set to terminate at 11:59pm that same day.
- The Tenancy Tribunal granted an immediate possession order to a company that was the registered owner, removing an individual who was in possession without a valid right of occupation.
📚 Legal basis
- Residential Tenancies Act 1986
- Trespass Act 1980
❓ Frequently asked questions
Can I be evicted if I don't have a formal tenancy agreement?
Yes, the Tenancy Tribunal has jurisdiction to grant possession to a registered owner even if there is no tenancy agreement, such as in cases involving squatters or trespassers.
What happens if I don't pay my rent on time?
If you fail to pay overdue rent by a deadline set by the Tenancy Tribunal, your tenancy may be terminated, and the landlord will be granted immediate possession of the premises.
Who can apply for an eviction order?
Any person entitled to possession of the residential premises, such as a landlord or the registered owner, can apply to the Tenancy Tribunal for an eviction order.
Does the Tenancy Tribunal only deal with formal tenancies?
No, the Tenancy Tribunal can also address situations where premises are not subject to a tenancy agreement, specifically having jurisdiction over the eviction of squatters or trespassers.
What other costs might be involved in an eviction besides rent arrears?
Beyond unpaid rent, you might also be ordered to pay filing fees associated with the Tenancy Tribunal application, as these can be included in the total debt payable.