Tenantcheck Insights · Case study
Tenancy Tribunal case 5453829 — Tenancy dispute at 6D Brixham Place, Merrilands, New Plymouth 4312
Published 12 March 2026 · Application 5453829
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
New Plymouth
Tribunal region
Adjudicator
G Baker
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- Kāinga Ora–Homes And Communities is granted possession of the premises at 6D Brixham Place, Merrilands, New Plymouth 4312 immediately.
Reasons
- Both parties attended the video hearing. Adjournment
- The tenant advised that he had only recently received notice of the hearing which gave him only 72 hours to prepare. He also advised that he wished to file an application against the landlord in relation to a maintenance issue.
- Given the nature of the landlord’s application for possession and its urgency, the Tribunal is satisfied that 72 hours is an adequate period to prepare for this hearing.
- The tenant’s application for an adjournment is dismissed. Application for possession
- The landlord has applied for possession of the premises following the termination of the tenancy.
- The landlord issued a termination notice on 2 February 2026 under section 55AA Residential Tenancies Act 1986 (“RTA”) terminating the tenancy and requiring vacant possession on 18 February 2026.
- The landlord’s termination notice complies with Regulations 5 and 6 of the Residential Tenancies (Termination for Physical Assault by Tenant and Withdrawal Following Family Violence) Regulations 2022.
- The notice included the required information that the tenant could apply to the Tribunal challenging the notice and that the tenancy would not end if he made his application before 18 February 2026. The tenant has not made an application to the Tribunal challenging the landlord’s termination notice.
- The tenant claimed that he did not receive the termination notice until 10 February 2026. The landlord gave evidence that the notice was delivered by hand to the tenant’s letterbox on 2 February 2026.
- Whether or not the notice was received on 2 February 2026 or 10 February 2026 is not relevant to a consideration of the landlord’s application for possession. A valid termination notice issued under section 55AA RTA was served on the tenant in accordance with sections 136 RTA.
- Section 64 RTA provides that the Tribunal shall make an order granting possession of the premises on the application of any person entitled to possession of the premises following the termination of a tenancy, unless the termination was made in contravention of the law. As noted, the termination notice was validly given in accordance with the statutory requirements and there is no evidence that it was given in contravention of the law.
- The tenancy ended on 18 February 2026 which is less than 90 days ago. The requirements of section 64(1) RTA are satisfied and the Tribunal must make the possession order sought by the landlord.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s136, s2022, s5, s55AA, s64, s64(1)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5453829?
The tribunal order states: Kāinga Ora–Homes And Communities is granted possession of the premises at
How much money was awarded in case 5453829?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5453829?
The dispute type was not classified.
Where can I read the official tribunal order for case 5453829?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13275838-Tenancy_Tribunal_Order.pdf.