Residential Tenancies Act 1986

Tenancy agreements - Termination of tenancies and recovery of possession

64: Possession orders

You could also call this:

“The law says how and when a landlord can ask for an order to make a tenant leave a rented home.”

When your tenancy ends, someone who has the right to possess the property can ask the Tribunal for a possession order. The Tribunal will give this order, but they can only do this within 90 days after your tenancy has ended.

If the Tribunal makes an order to end your tenancy under sections 55, 55A to 56A, 59, 59B, or 61, this order also counts as a possession order. This means your landlord can take back the property.

You need to know that a possession order can’t be filed under section 106 more than 90 days after it was made. This also applies to special orders called conditional orders. For these orders, the 90 days start from when the order becomes final.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95539.

Topics:
Housing and property > Renting
Crime and justice > Courts and legal help

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“You can't go into a rented home without permission or a special order, even if you own it.”


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Part 2 Tenancy agreements
Termination of tenancies and recovery of possession

64Possession orders

  1. Subject to subsection (2), 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.

  2. No possession order may be made more than 90 days after the date of the termination of the tenancy.

  3. Every order of the Tribunal made under any of sections 55, 55A to 56A, 59, 59B, and 61 terminating a tenancy shall have effect as a possession order granting possession of the premises to the landlord.

  4. No possession order (including an order of a kind referred to in subsection (3)) shall be capable of being filed under section 106 more than 90 days after—

  5. the date of the order; or
    1. in the case of a conditional order under section 55(1A) or section 78(3) or section 88(2) which states that it is an order to which this paragraph applies, the date on which the conditional order takes effect as a final termination order.
      Notes
      • Section 64(2): amended, on , by section 46 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
      • Section 64(3): amended, on , by section 45 of the Residential Tenancies Amendment Act 2020 (2020 No 59).
      • Section 64(4): replaced, on , by section 25 of the Residential Tenancies Amendment Act 1996 (1996 No 7).
      • Section 64(4): amended, on , by section 5 of the Residential Tenancies Amendment Act 2012 (2012 No 113).