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64: Possession orders
or “The law says how and when a landlord can ask for an order to make a tenant leave a rented home.”
You could also call this:

“This law explains how to legally remove people living in a home without permission.”

If you own or have the right to possess a residential property, and someone is living there without your permission, you can ask the Tribunal for help. The Tribunal is a special court that deals with housing issues. If the Tribunal agrees that the person is a squatter or trespasser, they will order that person to leave your property.

This rule doesn’t change or limit your other options. You can still use the Trespass Act 1980 or any other legal ways to remove the person from your property.

It’s important to know that the Tribunal can make decisions about squatters even if there isn’t a formal tenancy agreement. This means the Tribunal can help you even if the person living in your property was never supposed to be there in the first place.

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Next up: 66: Reduction or termination of fixed-term tenancy

or “Rules for ending a fixed-term rental agreement early if there are big changes or problems”
Next

Part 2 Tenancy agreements
Termination of tenancies and recovery of possession

65Eviction of squatters

  1. Where, on the application of any person entitled to possession of any residential premises, the Tribunal is satisfied that any other person is in possession of the premises as a squatter or trespasser, or otherwise than pursuant to any right of occupation granted to that person by any person having lawful authority to grant that right to that other person, the Tribunal shall make a possession order granting possession of the premises to the applicant.

  2. Nothing in subsection (1) shall limit or affect the provisions of the Trespass Act 1980, or any other remedy that may be available to the person lawfully entitled to possession of the premises.

  3. To avoid doubt, the Tribunal has jurisdiction under this section even though the premises are not subject to a tenancy agreement.

Notes
  • Section 65(3): inserted, on , by section 47 of the Residential Tenancies Amendment Act 2010 (2010 No 95).