Conditional Termination Order Avoids Immediate Eviction
📌 In brief
The Tenancy Tribunal allowed a tenant to avoid immediate eviction by agreeing to make regular payments towards their rent arrears. The order will expire if the tenant complies with the payments, otherwise, the landlord will regain possession of the property.
⚖️ Legal holding
A tenant is entitled to a conditional termination order if they agree to regular payments towards rent arrears and the Tribunal is satisfied they will comply.
📖 What the law says
This section says that the Tribunal must end a tenancy if the rent is at least 21 days overdue when the landlord applies, or if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
This section states that if a tenancy has ended, the Tribunal must issue an order giving possession of the property to the person who is entitled to it. It also says that certain orders made by the Tribunal to end a tenancy automatically act as an order for the landlord to get possession of the property.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal granted a conditional termination order allowing the tenant to avoid immediate eviction by making regular payments towards the rent arrears.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order to the tenant, allowing them to avoid immediate eviction by making regular payments towards rent arrears. The order will lapse if fully complied with, otherwise, the landlord will have immediate possession of the premises.
📚 Full judgment Official document
__________________________________________________________________________________ 5127909 1
[2025] NZTT 5127909
TENANCY TRIBUNAL - [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [The tenant/s] owes [COMPANY] $3,048.71 (“the debt”) for rent to 11 February 2025.
2. [The tenant/s] must pay rent debt as follows:
a. By 152 weekly payments of $104.00, being $84.00 for rent and $20.00 for the debt.
b. A final payment of $92.71, being $84.00 for rent and $8.71 for the debt.
c. Payments will be every Friday, with the first payment on 14/02/2025 and continuing until 14/01/2028.
3. Payments will be allocated in the following order: rent and rent arrears.
4. If the tenant fails to pay rent and rent arrears within 2 working days of the due dates:
a. The tenancy at Unit/[ADDRESS], [POSTCODE] will terminate and the landlord will have immediate possession of the premises.
b. The balance of the debt will be payable immediately.
__________________________________________________________________________________ 5127909 2
Reasons:
1. Both parties attended the hearing which was held by telephone.
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. 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.
5. 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.
Other matters
6. The parties had reached an agreement regarding regular weekly payments towards the rent arrears before the hearing, and the tenant has put in place an arrangement for her rent and weekly arrears payment to be paid to the landlord from her benefit before she receives it. As an agreement was reached and actioned before the hearing I have granted suppression of the tenant’s name. In doing do all factors set out in s 95A of the Residential Tenancies Act 1986 have been considered.
7. The landlord waives its right to reimbursement of the filing fee.
[NAME] 14 February 2025
__________________________________________________________________________________ 5127909 3
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 for the payment of less than $1000 • a final order to undertake work worth 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/
__________________________________________________________________________________ 5127909 4
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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant agreed to regular weekly payments towards the rent arrears.
- The tenant has arranged for rent and arrears payments to be directly paid from her benefit before she receives it.
- The Tribunal is satisfied that the tenant will comply with the payment plan.
❌ Tends to be rejected
- The landlord requested a refund of the bond, but this request was not addressed in the winning arguments.
- The landlord waived its right to reimbursement of the filing fee, which was not contested or argued against in the decision.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal granted a conditional termination order to the tenant, allowing them to avoid immediate eviction by making regular payments towards rent arrears.
What was the dispute about?
The dispute was about whether the tenant should be evicted immediately due to rent arrears or given a chance to avoid eviction by making regular payments.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant agreed to regular payments and the Tribunal was satisfied they would comply.
Which laws or rules were applied?
Residential Tenancies Act 1986, s 55(1)(a) Residential Tenancies Act 1986, s 64(4)(b)
What was the argument that mattered most?
The argument that mattered most was the tenant's willingness to make regular payments towards the rent arrears and the Tribunal's satisfaction that they would comply.
Was the decision for or against the person who brought the case?
The decision was for the tenant, who brought the case to avoid immediate eviction.
What does this mean for someone in a similar situation?
Someone in a similar situation might be able to avoid immediate eviction by agreeing to regular payments towards rent arrears if the Tribunal is satisfied they will comply.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.