How much money was awarded in case 5474010?

Filing Fee: $28.00 awarded to landlord

What type of tenancy dispute was case 5474010?

The dispute type was not classified.

Where can I read the official tribunal order for case 5474010?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13377675-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5474010?

Filing Fee: $28.00 awarded to landlord

What type of tenancy dispute was case 5474010?

The dispute type was not classified.

Where can I read the official tribunal order for case 5474010?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13377675-Tribunal_Order_Redacted.pdf.

93 McLeod Road, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 5474010 — Tenancy dispute

Q: What was Tenancy Tribunal case 5474010 about?

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

Order

Claims and awards in Tenancy Tribunal application 5474010 — 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

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

[The landlord/s] is granted possession of the premises at 93 McLeod Road, Te Atatu South, Auckland 0610 immediately.

The stand-down period for enforcement of the possession order of 48 hours is hereby waived pursuant to section 138(1)(b) District Court Act 2016.

Visionwest Community Trust VisionWest Community Trust must pay [The landlord/s] $28.00 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing on 31 March 2026.

The landlord seeks an order for possession of the premises and reimbursement of the filing fee.

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Should a possession order be made in favour of the landlord?

The law

On the application of any person entitled to possession of the premises following the termination of a tenancy, the Tribunal shall make an order granting possession of the premises to that person. 1 Evidence and submissions of the parties

The tenancy began on 19 November 2020 and was a fixed term tenancy until 18 November 2021. Thereafter, it became a periodic tenancy.

The tenant is a social housing provider who sublets the premises with the landlord’s permission.

On 16 December 2025, the landlord sent the tenant a 90-day termination notice. The notice states that the tenancy will end on 16 March 2026 however, the parties agrees to extend this to 23 March 2026.

The landlord claims the subtenant remains in occupation of the premises. The tenant accepts this is the case and claims that approval to move the subtenant to a new house is imminent.

The landlord seeks an order for immediate possession of the premises, because the premises have been sold and the landlord is required to give the purchaser vacant possession on the settlement date, which is 2 April 2026. Analysis

The tenancy is a periodic tenancy. Therefore, the landlord was entitled to send the tenant a 90-day termination notice under section 51(1) of the Residential Tenancies Act 1986 (RTA). The notice complies with the requirements in section 51(3) RTA. For these reasons, I find the termination notice dated 16 December 2025 to be valid and enforceable. 1 Residential Tenancies Act 1986, section 64(1).

The termination notice states the tenancy will end on 16 March 2026 however, the parties agreed to extend this date to 23 March 2026. Therefore, I find the tenancy ended on 23 March 2026.

The landlord is entitled to possession of the premises following the lawful end of the tenancy on 23 March 2026. For this reason, the landlord’s application for an order for possession is granted.

The landlord seeks to enforce the possession order with immediate effect.

Section 138 of the District Court Act 2016 holds that normally an order cannot be enforced until 48 hours have expired, unless a “Judge grants leave”. Section 106(2) of the RTA relates to enforcement of possession orders and confirms that reference to a ‘Judge’ in section 138(1) applies as if it were reference to a Tenancy Adjudicator.

The premises have been sold under the terms of an unconditional sale and purchase agreement. The landlord is required to give the purchaser vacant possession on the settlement date, which is 2 April 2026. If the landlord is unable to do this, they are liable to pay penalty interest at a rate of approximately $552.00 per day. There is also a risk the purchaser may seek to cancel the agreement.

The settlement date is in two days’ time. The consequences to the landlord if they are unable to provide the purchaser with vacant possession are significant. Therefore, it is appropriate that the 48-hour stand down period be waived. Filing fee and name suppression

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason, I must grant their request for name suppression.

Claims and awards in Tenancy Tribunal application 5474010 — 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 landlord/s] is granted possession of the premises at 93 McLeod Road, Te Atatu South, Auckland 0610 immediately.
The stand-down period for enforcement of the possession order of 48 hours is hereby waived pursuant to section 138(1)(b) District Court Act 2016.
Visionwest Community Trust VisionWest Community Trust must pay [The landlord/s] $28.00 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing on 31 March 2026.
The landlord seeks an order for possession of the premises and reimbursement of the filing fee.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Should a possession order be made in favour of the landlord?

The law

On the application of any person entitled to possession of the premises following the termination of a tenancy, the Tribunal shall make an order granting possession of the premises to that person. 1 Evidence and submissions of the parties
The tenancy began on 19 November 2020 and was a fixed term tenancy until 18 November 2021. Thereafter, it became a periodic tenancy.
The tenant is a social housing provider who sublets the premises with the landlord’s permission.
On 16 December 2025, the landlord sent the tenant a 90-day termination notice. The notice states that the tenancy will end on 16 March 2026 however, the parties agrees to extend this to 23 March 2026.
The landlord claims the subtenant remains in occupation of the premises. The tenant accepts this is the case and claims that approval to move the subtenant to a new house is imminent.
The landlord seeks an order for immediate possession of the premises, because the premises have been sold and the landlord is required to give the purchaser vacant possession on the settlement date, which is 2 April 2026. Analysis
The tenancy is a periodic tenancy. Therefore, the landlord was entitled to send the tenant a 90-day termination notice under section 51(1) of the Residential Tenancies Act 1986 (RTA). The notice complies with the requirements in section 51(3) RTA. For these reasons, I find the termination notice dated 16 December 2025 to be valid and enforceable. 1 Residential Tenancies Act 1986, section 64(1).
The termination notice states the tenancy will end on 16 March 2026 however, the parties agreed to extend this date to 23 March 2026. Therefore, I find the tenancy ended on 23 March 2026.
The landlord is entitled to possession of the premises following the lawful end of the tenancy on 23 March 2026. For this reason, the landlord’s application for an order for possession is granted.
The landlord seeks to enforce the possession order with immediate effect.
Section 138 of the District Court Act 2016 holds that normally an order cannot be enforced until 48 hours have expired, unless a “Judge grants leave”. Section 106(2) of the RTA relates to enforcement of possession orders and confirms that reference to a ‘Judge’ in section 138(1) applies as if it were reference to a Tenancy Adjudicator.
The premises have been sold under the terms of an unconditional sale and purchase agreement. The landlord is required to give the purchaser vacant possession on the settlement date, which is 2 April 2026. If the landlord is unable to do this, they are liable to pay penalty interest at a rate of approximately $552.00 per day. There is also a risk the purchaser may seek to cancel the agreement.
The settlement date is in two days’ time. The consequences to the landlord if they are unable to provide the purchaser with vacant possession are significant. Therefore, it is appropriate that the 48-hour stand down period be waived. Filing fee and name suppression
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason, I must grant their request for name suppression.

Tenancy Tribunal case 5474010 — Tenancy dispute at 93 McLeod Road, Te Atatu South, Auckland 0610

At a glance

Award balance

Tenancy Tribunal case 5474010 — Tenancy dispute at 93 McLeod Road, Te Atatu South, Auckland 0610

At a glance

Award balance

Claims & awards

Order

Reasons

Should a possession order be made in favour of the landlord?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Should a possession order be made in favour of the landlord?

Topics & place

Residential Tenancies Act sections

Frequently asked questions