Published tribunal order
Tenancy Tribunal case 5383221 — Tenancy dispute
Decided 16 Dec 2025 · Published 16 Dec 2025 · Application 5383221
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.
- [The landlord/s] is granted possession of the premises at [Tenancy address suppressed] immediately.
- Jason Taiapa must pay [the landlord] the sum of $28.00 immediately.
- The application for disposal of goods is dismissed.
Reasons
- A hearing took place by phone yesterday, 11 December 2025. Mr [B] attended as the director of [the landlord].
- Directions were made for the applicant to provide proof of ownership of the premises by Monday 15 December.
- As recorded in directions made yesterday, the applicant’s application was originally against “The Occupiers”. He had provided a phone number for someone who had been a tenant.
- Before the hearing he had received communication from Jason Taiapa, a former tenant. That number was phoned and so Mr Taiapa participated in the hearing.
- On 17 March 2025 the applicant had obtained an order for termination of tenancy and possession (5006292). Enforcement proceedings were undertaken. Mr Taiapa confirmed that he was evicted on 10 April 2025, and handed back the keys.
- However, in the meantime, the applicant has had health problems and has not physically taken possession. Mr Taiapa has continued to live at the premises but has not paid any rent.
- Section 65 of the Residential Tenancies Act 1986 gives the Tenancy Tribunal the power to grant a possession order, even where there is no tenancy agreement. The Tribunal must be satisfied that: a. the applicant is entitled to possession of the premises b. the other person has no right of occupation granted by the applicant or anyone who has lawful authority to grant that right.
- The provisions of the Trespass Act 1980 continue to apply.
- I am satisfied that because no rent has been paid since the tenancy was terminated, there is no tenancy agreement between the parties, which means that Mr Taiapa is not a lawful occupier of the premises. He has no right to be there.
- Before granting a possession order to the applicant, the Tribunal had to be satisfied that [the landlord], as trustee of the [B] Family Trust is entitled to possession. The applicant has now provided a copy of the certificate of title showing that [the landlord] is the registered owner. That is sufficient to show that they are entitled to possession of the premises.
- The effect of this order is that Mr Taiapa and any other occupants must vacate immediately. Mr [B] and Mr Taiapa may agree on a date for vacation, but if the occupants do not vacate the premises as required, the applicant may apply to the District Court for enforcement of this order.
- Where there is no residential tenancy agreement, the Tribunal’s jurisdiction is limited to granting a possession order under section 65 and ordering reimbursement of the filing fee. That means that the Tribunal can make no order for disposal of goods. In any event, it is hoped that the parties will be able to agree to a timeframe for Mr Taiapa to clear out the property.
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.