Conditional Termination Order Avoids Immediate Eviction
📌 In brief
The Tenancy Tribunal granted a conditional termination order to the landlord, allowing the tenant to avoid immediate eviction by paying the debt within a specified period. The Tribunal found that the tenant had breached their obligations by failing to pay rent and outstanding water rates, but was willing to pay the debt to avoid eviction.
⚖️ Legal holding
A tenant is entitled to a conditional termination order if they demonstrate the ability to pay the debt and avoid further breaches.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if one party has broken the tenancy agreement or the Act. For breaches that can be fixed, the party complaining must have given the other party a notice to fix the problem within at least 10 working days, and the other party failed to do so.
This rule outlines the types of orders the Tenancy Tribunal can make. These include declaring rights or obligations, ordering a party to give up possession of premises, or ordering a party to pay money.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal granted a conditional termination order to the landlord, allowing the tenant to avoid immediate eviction by paying the debt within a specified period.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order to the landlord, allowing the tenant to avoid immediate eviction by paying the debt within a specified period. The Tribunal found that the tenant had breached their obligations by failing to pay rent and outstanding water rates, but was willing to pay the debt to avoid eviction.
📚 Full judgment Official document
__________________________________________________________________________________ 5089472 1
[2025] NZTT 5089472
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted] agent for [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] owes [COMPANY] - as agent for [NAME] $5,187.00 (“the debt”), as calculated in the table below:
Description Landlord Tenant Rent arrears to 18 February 2025 $4,200.00 Filing fee reimbursement $27.00 Water rates: to 23 January 2025 $960.00 Total award $5,187.00
2. [NAME] and [NAME] must pay the rent arrears of $4,200.00 by 5pm on 5 March 2025, together with weekly rent payments.
3. Payments will be allocated in the following order: weekly rent, rent arrears, water rates, filing fee.
4. If the tenant fails to pay the rent arrears and weekly rent within 2 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.
__________________________________________________________________________________ 5089472 2
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for termination of the tenancy, rent arrears, outstanding water rates and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
Should a conditional termination order be made?
3. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
4. The tenant breached their obligations by failing to pay rent. The landlord has provided rental records which prove the amount owing of $4,200.00 through to 18 February 2025. On 15 November 2024 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. There were also two earlier 14-day notices issued for rent arrears. It would be inequitable to refuse to terminate the tenancy. The rent continues to be in arrears and on the hearing date, it was more than 21 days in arrears.
5. Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
6. The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
7. The landlord has also claimed for and provided records for outstanding water arrears of $960.00 through to 23 January 2025. The amount ordered is proved.
__________________________________________________________________________________ 5089472 3
8. [COMPANY] - as agent for [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
17 February 2025
__________________________________________________________________________________ 5089472 4
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/
__________________________________________________________________________________ 5089472 5
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 demonstrated the ability to pay the debt.
- The tenant committed to paying weekly rent and past arrears.
- The tenant showed a willingness to avoid further breaches.
❌ Tends to be rejected
- The landlord's request for unconditional termination was denied.
- The landlord's claim for refund of the bond was not addressed.
- The tenant's failure to pay rent arrears in the past was acknowledged.
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 landlord, allowing the tenant to avoid immediate eviction by paying the debt within a specified period.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and outstanding water rates, leading to the landlord's request for termination of the tenancy.
How did the court decide, and why?
The court decided to grant a conditional termination order, allowing the tenant to avoid immediate eviction by paying the debt within a specified period, as the tenant demonstrated willingness to pay the debt and avoid further breaches.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 56(1) and 78(3), were applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's willingness to pay the debt and avoid further breaches, which convinced the Tribunal to grant a conditional termination order.
Was the decision for or against the person who brought the case?
The decision was for the landlord, as the conditional termination order was granted in favour of the landlord.
What does this mean for someone in a similar situation?
For someone in a similar situation, demonstrating willingness to pay the debt and avoid further breaches may lead to a conditional termination order instead of immediate eviction.
What evidence or documents mattered?
The evidence that mattered included rental records proving the amount owing and the tenant's willingness to pay the debt within the specified period.