What was Tenancy Tribunal case 5395483 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5395483?

Filing Fee: $28.00 awarded to landlord

What type of tenancy dispute was case 5395483?

The dispute type was not classified.

Where can I read the official tribunal order for case 5395483?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13024197-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5395483 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5395483?

Filing Fee: $28.00 awarded to landlord

What type of tenancy dispute was case 5395483?

The dispute type was not classified.

Where can I read the official tribunal order for case 5395483?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13024197-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5395483 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 5395483 — net $28.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$28.00
Total payable by Tenant to Landlord	$28.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the [Landlord/s] name and identifying details.
The tenancy of Te Aroha Samantha Ihaka and Brett Holloway at [Tenancy address suppressed] is terminated at 11.59 pm on Wednesday, 14 January 2026.
[The landlord/s] is granted possession of the premises at [Tenancy address suppressed] immediately. DescriptionLandlord Filing fee reimbursement$28.00 Total award$28.00 Total payable by Tenant to Landlord$28.00

Reasons

The hearing was conducted via video conference.
The landlord, [The landlord/s], was represented at the hearing by [The landlord’s representative], pursuant to section 93(6) of the Residential Tenancies Act 1986 (“the Act”).
I attempted to contact Mr Holloway at the telephone number provided to me. My attempt was unsuccessful. I then contacted Ms Ihaka, the other tenant, and was able to speak with her directly.
Ms Ihaka advised me that Mr Holloway was unable to attend the hearing due to unforeseen circumstances over the weekend. There was no suggestion before me that Mr Holloway was unaware of today’s hearing. Rather, the information provided indicates that he was aware of the hearing but was unable to attend due to his current circumstances.
Having regard to these matters, and noting that the tenants are joint tenants under the tenancy agreement and that Ms Ihaka was able to participate in the hearing, I was satisfied that it was appropriate for the hearing to proceed in Mr Holloway’s absence. [The landlord’s representative]’s submissions
The landlord has applied for possession of the premises following the termination of the tenancy.
[The landlord’s representative] advised that a lawful notice of termination under section 51(2)(b) of the Act had been served on the tenants on 19 November 2025, providing 42 days’ notice. That notice required the tenants to vacate the premises by 31 December 2025.
[The landlord’s representative] explained that, despite the notice being valid, the landlord agreed to extend the vacate date on two occasions. The first extension moved the vacate date to 7 January 2026, and a further extension was granted at the tenants’ request to 14 January 2026.
[The landlord’s representative] advised that the tenants had failed to vacate the premises by that date and remained in occupation. He stated that the landlord had already allowed additional time beyond what was required under the Act.
[The landlord’s representative] further explained that the property was sold unconditionally at auction on 18 November 2025. Settlement is scheduled for 13 February 2026, with a possible earlier settlement date of 30 January 2026. Vacant possession is required to enable the landlord to inspect the property, carry out any necessary remedial work, and meet the contractual settlement obligations. [The landlord’s representative] advised that the tenants’ continued occupation exposes the landlord to financial risk, including the potential liability for interest and penalty charges.
[The landlord’s representative] confirmed that the landlord’s primary concern at this hearing was obtaining possession of the property. Matters such as rent arrears, outgoings, and any compensation were not pursued and could be dealt with separately if required. Ms Ihaka’s submissions
Ms Ihaka confirmed that she and Mr Holloway are joint tenants under the tenancy agreement.
She acknowledged that notice to terminate the tenancy had been received and that extensions of time had been granted.
Ms Ihaka advised that they had been attempting to secure alternative accommodation but had not yet been successful. She stated that they had sought assistance from family members without success and were awaiting responses to housing applications.
Ms Ihaka accepted that the termination notice was lawfully issued and did not dispute that she and Mr Holloway remained in occupation after the agreed vacate date of 14 January 2026. Findings and conclusion
I am satisfied that the landlord served a lawful termination notice in accordance with section 51(2)(b) of the Act. I am further satisfied that the landlord acted reasonably by granting extensions of time beyond the original termination date.
While I acknowledge the difficult circumstances described by Ms Ihaka, my role is to apply the law as set out in the Act. Once a lawful termination notice has taken effect, and particularly where additional time has already been granted, I do not have discretion to allow the tenancy to continue.
In this case, the tenants have remained in occupation well beyond the termination date, and the landlord is entitled to vacant possession.
I am therefore satisfied that termination of the tenancy is appropriate and that possession should be returned to the landlord.
The tenancy ended on 14 January 2026, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied. Filing fee
Because [The landlord/s] has wholly succeeded with the application, I must reimburse the filing fee. Name suppression
Because [The landlord/s] has wholly succeeded with the application, I have granted name suppression.

Claims and awards in Tenancy Tribunal application 5395483 — net $28.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$28.00
Total payable by Tenant to Landlord	$28.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the [Landlord/s] name and identifying details.
The tenancy of Te Aroha Samantha Ihaka and Brett Holloway at [Tenancy address suppressed] is terminated at 11.59 pm on Wednesday, 14 January 2026.
[The landlord/s] is granted possession of the premises at [Tenancy address suppressed] immediately. DescriptionLandlord Filing fee reimbursement$28.00 Total award$28.00 Total payable by Tenant to Landlord$28.00

Reasons

The hearing was conducted via video conference.
The landlord, [The landlord/s], was represented at the hearing by [The landlord’s representative], pursuant to section 93(6) of the Residential Tenancies Act 1986 (“the Act”).
I attempted to contact Mr Holloway at the telephone number provided to me. My attempt was unsuccessful. I then contacted Ms Ihaka, the other tenant, and was able to speak with her directly.
Ms Ihaka advised me that Mr Holloway was unable to attend the hearing due to unforeseen circumstances over the weekend. There was no suggestion before me that Mr Holloway was unaware of today’s hearing. Rather, the information provided indicates that he was aware of the hearing but was unable to attend due to his current circumstances.
Having regard to these matters, and noting that the tenants are joint tenants under the tenancy agreement and that Ms Ihaka was able to participate in the hearing, I was satisfied that it was appropriate for the hearing to proceed in Mr Holloway’s absence. [The landlord’s representative]’s submissions
The landlord has applied for possession of the premises following the termination of the tenancy.
[The landlord’s representative] advised that a lawful notice of termination under section 51(2)(b) of the Act had been served on the tenants on 19 November 2025, providing 42 days’ notice. That notice required the tenants to vacate the premises by 31 December 2025.
[The landlord’s representative] explained that, despite the notice being valid, the landlord agreed to extend the vacate date on two occasions. The first extension moved the vacate date to 7 January 2026, and a further extension was granted at the tenants’ request to 14 January 2026.
[The landlord’s representative] advised that the tenants had failed to vacate the premises by that date and remained in occupation. He stated that the landlord had already allowed additional time beyond what was required under the Act.
[The landlord’s representative] further explained that the property was sold unconditionally at auction on 18 November 2025. Settlement is scheduled for 13 February 2026, with a possible earlier settlement date of 30 January 2026. Vacant possession is required to enable the landlord to inspect the property, carry out any necessary remedial work, and meet the contractual settlement obligations. [The landlord’s representative] advised that the tenants’ continued occupation exposes the landlord to financial risk, including the potential liability for interest and penalty charges.
[The landlord’s representative] confirmed that the landlord’s primary concern at this hearing was obtaining possession of the property. Matters such as rent arrears, outgoings, and any compensation were not pursued and could be dealt with separately if required. Ms Ihaka’s submissions
Ms Ihaka confirmed that she and Mr Holloway are joint tenants under the tenancy agreement.
She acknowledged that notice to terminate the tenancy had been received and that extensions of time had been granted.
Ms Ihaka advised that they had been attempting to secure alternative accommodation but had not yet been successful. She stated that they had sought assistance from family members without success and were awaiting responses to housing applications.
Ms Ihaka accepted that the termination notice was lawfully issued and did not dispute that she and Mr Holloway remained in occupation after the agreed vacate date of 14 January 2026. Findings and conclusion
I am satisfied that the landlord served a lawful termination notice in accordance with section 51(2)(b) of the Act. I am further satisfied that the landlord acted reasonably by granting extensions of time beyond the original termination date.
While I acknowledge the difficult circumstances described by Ms Ihaka, my role is to apply the law as set out in the Act. Once a lawful termination notice has taken effect, and particularly where additional time has already been granted, I do not have discretion to allow the tenancy to continue.
In this case, the tenants have remained in occupation well beyond the termination date, and the landlord is entitled to vacant possession.
I am therefore satisfied that termination of the tenancy is appropriate and that possession should be returned to the landlord.
The tenancy ended on 14 January 2026, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied. Filing fee
Because [The landlord/s] has wholly succeeded with the application, I must reimburse the filing fee. Name suppression
Because [The landlord/s] has wholly succeeded with the application, I have granted name suppression.

Tenancy Tribunal case 5395483 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 5395483 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions