What was the outcome of Tenancy Tribunal case 5466092?

The tribunal order states: Denise Pamela Clapham is granted possession of the premises at 9B James

How much money was awarded in case 5466092?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5466092?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5466092?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13379699-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5466092?

The tribunal order states: Denise Pamela Clapham is granted possession of the premises at 9B James

How much money was awarded in case 5466092?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5466092?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5466092?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13379699-Tenancy_Tribunal_Order.pdf.

9B James Street, Hamilton East, Hamilton 3216 Tenancy Tribunal Case 5466092 — Rent arrears

Order

Denise Pamela Clapham is granted possession of the premises at 9B James Street, Hamilton East, Hamilton 3216 immediately.

Reasons

The landlord appeared. The tenant did not appear.
The landlord’s application was filed on 11 March 2026. On 23 March 2026, the application was scheduled for an in-person hearing on Tuesday 31 March 2026. The notice of hearing was posted to the tenancy address on 23 March 2026.
Under section 136(6) of the Residential Tenancies Act 1986 (Act), any notice served by post is deemed to have been served four working days after it was posted. In this case, the service date for the notice of hearing was Friday, 27 March 2026.
Section 91 of the Act requires that when an application is filed with the Tribunal, the Tribunal must give each party reasonable notice of the time, place, and purpose of the hearing. This ensures all parties are properly informed and have the opportunity to participate in the hearing.
I am satisfied that the tenant has been given adequate notice of the hearing. There has been no explanation for their non-appearance and no request for an adjournment, so the matter has proceeded in their absence.
On 3 November 2025, the landlord sought to end their contractual relationship with the tenant. The tenant refused to vacate the property. On 17 November 2025, the landlord wrote to the tenant stating that if they did not vacate the property by 24 November 2025, a trespass notice would be issued. The tenant again refused to vacate.
The landlord then made an application for possession under section 65 of the Act, on the basis that the tenant had no lawful right of occupation. On 24 February 2026, the Tribunal found that a landlord and tenant relationship existed, and the parties had entered into a periodic residential tenancy agreement (see NZTT 5439750 dated 24 February 2026). Accordingly, the Tribunal declined the landlord’s application for possession.
On 9 December 2025, the landlord issued the tenant with a 42-day notice to terminate the tenancy on the grounds that a family member of the owner intended to occupy the property. The landlord was assisted by a solicitor and a process server. The notice, dated 9 December 2025, states the reason for terminating the tenancy and gives a termination date of 21 January 2026. In a letter of instruction to the process server, the landlord requested that the notice be served on the tenant personally, if possible. If personal service was not possible, the process server was instructed to change the termination date to 26 January 2026 and then either leave the notice in the tenant’s letterbox or attach it to the tenant’s door.
The process server has sworn an affidavit dated 5 March 2026, stating that they were unable to serve the notice on the tenant personally. As instructed, they changed the termination date from 21 January 2026 to 26 January 2026 and attached the notice to the tenant’s front door. The process server also included a photograph showing the envelope containing the notice and covering letter attached to the front door.
The landlord said they personally witnessed the tenant remove the notice from the door on the same day.
The landlord stated the tenant has failed to vacate the property.
On 11 March 2026, the landlord filed a claim for possession following termination by notice. Law
Section 51 of the Act states that a landlord may terminate a periodic tenancy by giving at least 90 days’ notice, or at least 42 days’ notice if the owner or a family member requires the premises as their principal place of residence.
Every notice to terminate must be in writing, identify the premises, specify the date the tenant must vacate, and if less than 90 days’ notice is given, state the reason for termination.
Section 136(7) of the Act provides that where any document is delivered to an address, placed in the mail box, or attached to the door, it shall be deemed, in the absence of evidence to the contrary, to have been given or served on the second working day after the date on which it was delivered; and, in proving service, it shall be sufficient to prove that the letter was properly addressed and delivered.
Section 64 (2) of the Act, states that the Tribunal must not make a possession order more than 90 days after the termination of the tenancy. Analysis and decision
The notice is in the correct form and complies with the Act.
I accept the evidence of the process server that they changed the termination date from 21 January 2026 to 26 January 2026.
The notice was attached to the tenant’s door on 9 December 2025. Pursuant to section 136(7) of the Act, the effective service date was the second working day after delivery, being 11 December 2025. Forty-two days from that date is 22 January 2026. The notice therefore gave the tenant more than the minimum 42 days’ notice required.
The notice is valid and was properly served.
The application for possession was filed on 11 March 2026, which is less than 90 days after the termination of the tenancy.
The tenancy is terminated, and possession is granted to the landlord immediately. Other matters
The landlord does not seek reimbursement of the filing fee. Although the landlord is entitled to name suppression, they do not seek it, and no orders are made.
The landlord also included a claim for rent arrears. This was not pursued today and has been withdrawn by the landlord. The Tribunal anticipates that a fresh claim for rent arrears may be filed following possession.

Order

Denise Pamela Clapham is granted possession of the premises at 9B James Street, Hamilton East, Hamilton 3216 immediately.

Reasons

The landlord appeared. The tenant did not appear.
The landlord’s application was filed on 11 March 2026. On 23 March 2026, the application was scheduled for an in-person hearing on Tuesday 31 March 2026. The notice of hearing was posted to the tenancy address on 23 March 2026.
Under section 136(6) of the Residential Tenancies Act 1986 (Act), any notice served by post is deemed to have been served four working days after it was posted. In this case, the service date for the notice of hearing was Friday, 27 March 2026.
Section 91 of the Act requires that when an application is filed with the Tribunal, the Tribunal must give each party reasonable notice of the time, place, and purpose of the hearing. This ensures all parties are properly informed and have the opportunity to participate in the hearing.
I am satisfied that the tenant has been given adequate notice of the hearing. There has been no explanation for their non-appearance and no request for an adjournment, so the matter has proceeded in their absence.
On 3 November 2025, the landlord sought to end their contractual relationship with the tenant. The tenant refused to vacate the property. On 17 November 2025, the landlord wrote to the tenant stating that if they did not vacate the property by 24 November 2025, a trespass notice would be issued. The tenant again refused to vacate.
The landlord then made an application for possession under section 65 of the Act, on the basis that the tenant had no lawful right of occupation. On 24 February 2026, the Tribunal found that a landlord and tenant relationship existed, and the parties had entered into a periodic residential tenancy agreement (see NZTT 5439750 dated 24 February 2026). Accordingly, the Tribunal declined the landlord’s application for possession.
On 9 December 2025, the landlord issued the tenant with a 42-day notice to terminate the tenancy on the grounds that a family member of the owner intended to occupy the property. The landlord was assisted by a solicitor and a process server. The notice, dated 9 December 2025, states the reason for terminating the tenancy and gives a termination date of 21 January 2026. In a letter of instruction to the process server, the landlord requested that the notice be served on the tenant personally, if possible. If personal service was not possible, the process server was instructed to change the termination date to 26 January 2026 and then either leave the notice in the tenant’s letterbox or attach it to the tenant’s door.
The process server has sworn an affidavit dated 5 March 2026, stating that they were unable to serve the notice on the tenant personally. As instructed, they changed the termination date from 21 January 2026 to 26 January 2026 and attached the notice to the tenant’s front door. The process server also included a photograph showing the envelope containing the notice and covering letter attached to the front door.
The landlord said they personally witnessed the tenant remove the notice from the door on the same day.
The landlord stated the tenant has failed to vacate the property.
On 11 March 2026, the landlord filed a claim for possession following termination by notice. Law
Section 51 of the Act states that a landlord may terminate a periodic tenancy by giving at least 90 days’ notice, or at least 42 days’ notice if the owner or a family member requires the premises as their principal place of residence.
Every notice to terminate must be in writing, identify the premises, specify the date the tenant must vacate, and if less than 90 days’ notice is given, state the reason for termination.
Section 136(7) of the Act provides that where any document is delivered to an address, placed in the mail box, or attached to the door, it shall be deemed, in the absence of evidence to the contrary, to have been given or served on the second working day after the date on which it was delivered; and, in proving service, it shall be sufficient to prove that the letter was properly addressed and delivered.
Section 64 (2) of the Act, states that the Tribunal must not make a possession order more than 90 days after the termination of the tenancy. Analysis and decision
The notice is in the correct form and complies with the Act.
I accept the evidence of the process server that they changed the termination date from 21 January 2026 to 26 January 2026.
The notice was attached to the tenant’s door on 9 December 2025. Pursuant to section 136(7) of the Act, the effective service date was the second working day after delivery, being 11 December 2025. Forty-two days from that date is 22 January 2026. The notice therefore gave the tenant more than the minimum 42 days’ notice required.
The notice is valid and was properly served.
The application for possession was filed on 11 March 2026, which is less than 90 days after the termination of the tenancy.
The tenancy is terminated, and possession is granted to the landlord immediately. Other matters
The landlord does not seek reimbursement of the filing fee. Although the landlord is entitled to name suppression, they do not seek it, and no orders are made.
The landlord also included a claim for rent arrears. This was not pursued today and has been withdrawn by the landlord. The Tribunal anticipates that a fresh claim for rent arrears may be filed following possession.

Tenancy Tribunal case 5466092 — Rent arrears at 9B James Street, Hamilton East, Hamilton 3216

At a glance

Tenancy Tribunal case 5466092 — Rent arrears at 9B James Street, Hamilton East, Hamilton 3216

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions