Conditional Termination Order Allows Tenant to Stay
📌 In brief
In this case, the Tenancy Tribunal allowed the tenant to stay in their rental home by agreeing to a conditional termination order. This means that if the tenant pays rent and any outstanding debt as specified, they can continue living there without immediate eviction.
⚖️ Legal holding
A tenant is entitled to a conditional termination order where they agree to pay arrears and comply with conditions set by the Tribunal.
📖 What the law says
This rule generally states that if a tenancy has ended, the Tribunal must order that the person who is entitled to the property gets it back. However, such an order cannot be made more than 3 months after the tenancy ended.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal granted a conditional termination order allowing the tenant to remain in the property if rent and debt are paid as ordered.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order allowing the tenant to remain in the property if rent and debt are paid as ordered, avoiding immediate eviction. The decision was based on the agreement between both parties and the likelihood of compliance with payment conditions.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5475511
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. As at Tuesday 16th June 2025 [RESPONDENT] owes [APPELLANT] [NAME] $2,329.29 (“the debt”).
2. [RESPONDENT] must pay rent and the debt as follows:
a. By 75 weekly payments of $190.00, being $159.00 for rent and $31.00 for the debt.
b. A final payment of $163.29, being $159.00 for rent and $4.29 for the debt.
c. Payments will be every Tuesday, with the first payment on 16/06/2026 and continuing until 23/11/2027.
3. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
4. If the tenant fails to pay rent and rent arrears within 5 working days of the due dates:
a. The tenancy at [ADDRESS], [POSTCODE] will terminate and the landlord will have immediate possession of the premises.
b. The balance of the debt will be payable immediately.
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5. If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Description Landlord Tenant Rent arrears up to Tuesday 16th June 2025 $2,329.29 Total award $2,329.29 Total payable by Tenant to Landlord $2,329.29
Reasons:
1. Both parties attended the hearing by teleconference.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
Should a conditional termination order be made?
3. Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
4. Both parties had agreed that they wished the opportunity to enter into a conditional termination. The tenant wanted to stay at the property and she needed to sort out her benefit to ensure payments were made.
5. I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
6. The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
[NAME]
09 June 2026
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Rubbish Removal Costs
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Filing Fee
- Tenancy Tribunal Tenant's Tenancy Terminated for Rent Arrears
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Filing Fee
- Tenancy Tribunal Tenant Ordered to Pay $4,377.91 in Rent Arrears and Costs
- Tenancy Tribunal Tenant's Non-Payment Leads to Tenancy Termination
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- Tenant agrees to pay arrears and comply with conditions set by the Tribunal.
- Tenant is required to pay rent arrears and a filing fee when terminating tenancy without paying in advance.
- Tenant must pay rent arrears and costs for rubbish removal left at the property upon termination.
- Tenancy can be terminated if there are at least 21 days of rent arrears when the application is filed.
- Failure to pay rent as due can lead to termination if not remedied within 14 days after notice.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal granted a conditional termination order allowing the tenant to stay in their rental property by paying rent and an outstanding debt.
Who was involved?
A landlord and a tenant were involved in the dispute over unpaid rent and arrears.
How did the court decide, and why?
The Tribunal decided that a conditional termination order would be granted because both parties agreed to it and the tenant showed they could comply with payment conditions.
Which laws or rules were applied?
The Residential Tenancies Act 1986 sections 54(1)(a) and (1A), and section 64(4)(b) were applied in this decision.
What was the argument that mattered most?
The argument that mattered most was the agreement between both parties to enter into a conditional termination order, allowing the tenant to remain if they paid rent and debt as ordered.
Was the decision for or against the person who brought the case?
The decision was in favour of the tenant, allowing them to stay under certain conditions.
What does this mean for someone in a similar situation?
Someone facing eviction due to rent arrears may be able to negotiate a conditional termination order with their landlord if they can show they will comply with payment terms.
What evidence or documents mattered?
The agreement between both parties and the likelihood of compliance were key factors in the decision.
Can a decision like this be appealed?
Yes, decisions from the Tenancy Tribunal can be appealed to the District Court within 10 working days if there are grounds for appeal.
Is it worth getting a lawyer for a case like this?
It is always recommended to seek legal advice from a qualified lawyer for specific cases involving tenancy disputes.