Obviously, when the tenancy has been terminated, the tenant needs to leave. However, there are times when the tenant may be reluctant to leave, eg, because they don’t have other housing to go to.
If the tenant remains in the property after a notice of termination by the landlord or an order by the Tenancy Tribunal to end a tenancy, then there are rules which govern what happens next (s 60 RTA). The tenant continues to have all the obligations of a tenant as if the tenancy was still in place, eg, they are still liable to pay the rent and observe the terms and conditions of the tenancy agreement.
If the tenant will not leave, the landlord has to apply to the Tenancy Tribunal for a possession order so that they can legally move the tenant on (s 64 RTA). This is essentially an order that confirms that the landlord is entitled to have the possession of the premises.
If more than 90 days pass since the end of the tenancy and the tenant remains in the property then a periodic tenancy is deemed to have started under the same terms and conditions of the previous tenancy.
Enforcement of a possession order
If the landlord has a possession order and the tenant still won’t leave, then the landlord would have to apply for enforcement through the District Court. Once they do this, the possession order will become an eviction warrant.
An eviction warrant allows a court bailiff to take action to return the property to the landlord.
For more information see Enforcing orders from the Tribunal and How to apply for an eviction warrant. It’s preferable that the tenant moves out and clears their gear from the property well before things get to this stage.
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