How do I apply to a court for an order for possession of the land after having served a (now) 30 day notice of intention

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Customer: How do I apply to a court for an order for possession of the land after having served a (now) 30 day notice of intention to terminate a lease under s245 PLA
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: nothing with a court
JA: Where is the land located?
Customer: Howick Auckland
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I've served a s245 PLA notice. The 30 days is up 11 June. I know the government have released their intention to require arbitration. I'm feed up and of a mind to evict the tenant
Answered by Chris The Lawyer in 1 hour 2 years ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

I assume that this is a commercial tenancy – is this correct?

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Chris The Lawyer, Expert

Have you considered re-entry into the premises as your remedy? Otherwise you would need to make an application to court for an order evicting the tenant

Customer
Hi Chris,
yes it is a commercial tenancy.
I will try and re-enter but it is a more grey area with breach of the peace having potential severe penalties.
So, I thought I'd apply to the court but don't know how?
How do i apply to the court is there a form online?
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Chris The Lawyer, Expert

This would mean an originating application to the local district court. That would give you an order for possession. You could also proceed by summary judgement, which may have advantages in that you could claim for the arrears of rental and for an order for possession. Unless you are familiar with drafting court applications you are probably better to instruct a lawyer.

Customer
Okay, thanks for that. I need to instruct my lawyers if this matter is worth pursuing? I'llk consider it but am likely to work with my usual local lawyers. All the best
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Chris The Lawyer, Expert

I think that would be prudent

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