Tenant Won't Leave After Notice NZ: The Legal Steps to Get Possession

You served a valid notice, the termination date has passed, and the tenant is still there. It's stressful — but what you do next matters more than anything you've done so far. New Zealand law gives landlords exactly one legal path to regain possession, and doing anything outside that path exposes you to penalties far worse than a delayed vacancy.

What You Cannot Do

Under Section 63 of the Residential Tenancies Act 1986, landlords cannot engage in self-help eviction. That means:

• No changing the locks — even if the tenancy has legally ended
• No disconnecting electricity, gas, or water
• No removing the tenant's belongings
• No physically barring the tenant from entering
• No intimidation or harassment to pressure them out

Breaching these rules is an unlawful act under the RTA. The Tenancy Tribunal can award exemplary damages to the tenant of $2,000 to $6,000, plus compensation for any losses. You'd be paying the person you're trying to remove.

Step 1: Confirm Your Notice Was Valid

Before anything else, verify that the notice you served was legally sound:

• Was the correct notice period given (90, 42, or 14 calendar days)?
• Was the service deeming allowance added correctly for your delivery method?
• Does the notice include the full property address, exact termination date, signature, and (for 42-day notices) the specific statutory ground?
• Can you prove when and how the notice was delivered?

If any of these elements are defective, the Tribunal may dismiss your application. It's better to discover a defect now and re-serve a corrected notice than to file a Tribunal application that gets thrown out.

Step 2: Apply to the Tenancy Tribunal

File an application with the Tenancy Tribunal for a Possession Order under Section 64 of the RTA. Applications are submitted online through the Ministry of Justice portal — you'll need a RealMe login.

The filing fee is $29 from 1 July 2026. Paper applications are accepted only if you can't access the online system, and payment must be sent by bank transfer to MBIE Dispute Resolution.

Your application should include:

• A copy of the tenancy agreement
• A copy of the termination notice
• Proof of service (timestamped photos, postal receipt, email headers, witness statement)
• A record of any communication with the tenant about vacating
• Rent payment records showing the tenancy history

Step 3: Attend the Hearing

Tenancy Services will process your application, and you'll be notified of a hearing date and time (either in person or remote dial-in). The process typically goes through two stages:

Mediation — a Tenancy Mediator may attempt to resolve the dispute without a formal hearing. If both parties agree to terms, the mediated outcome can be sealed as a binding order. Mediation is faster, but the tenant has to consent.

Adjudication — if mediation fails or isn't appropriate, a Tenancy Adjudicator conducts a formal hearing. Evidence is presented under oath. The Adjudicator will review whether your notice was valid and whether the tenant is unlawfully holding over.

If the Adjudicator is satisfied, they'll issue a Possession Order specifying a date by which the tenant must vacate.

Step 4: Enforce the Possession Order

If the tenant still doesn't leave by the date in the Possession Order, you file the order with the District Court to obtain a Warrant to Enforce Possession. Only authorised District Court bailiffs can physically enter the premises, enforce possession, and remove occupants.

This is the only lawful mechanism for physical enforcement in New Zealand. No matter how frustrating the situation, the landlord never has the legal right to personally remove a tenant.

How Long Does All This Take?

There's no guaranteed timeline. The Tribunal processes applications in order and the backlog varies by region. Expect the process from filing to hearing to take several weeks. If you need to escalate to a District Court warrant, add more time.

During this period, the tenant is occupying the property without a legal tenancy. You may be able to claim compensation for use and occupation (mesne profits) through the Tribunal, but the primary goal of the application is the Possession Order.

Preventing This Situation

The best defence against overholding is a notice that's bulletproof from day one. Calculate your dates correctly, use a valid service method, document everything, and keep copies. If the tenant does stay, you'll walk into the Tribunal with a complete evidence file instead of scrambling to reconstruct your timeline.

Our Ending a Tenancy in New Zealand guide covers the full process from choosing the right notice through Tribunal preparation, including a proof-of-service log and an evidence checklist for the hearing.

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