Conditional Termination Order for Rent Arrears
📌 In brief
The Tenancy Tribunal at Manukau ruled that the tenant must pay overdue rent and advance rent to avoid losing the rental unit. The order is conditional, meaning the landlord can take back possession if the tenant does not pay on time.
⚖️ Legal holding
A tenant must pay rent arrears and advance rent to avoid immediate termination of the tenancy.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the tenant owes at least 21 days of rent when the landlord applies to the Tribunal. It also covers situations where a tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
This rule explains that if a tenancy has ended, the Tribunal must issue an order allowing the person entitled to the property to take possession of it. It also clarifies that an order from the Tribunal ending a tenancy, such as for unpaid rent, automatically acts as an order for the landlord to regain possession.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal granted a conditional termination order allowing the landlord to regain possession if the tenant fails to pay the debt.
📜 Headnote Official document
The Tenancy Tribunal at Manukau granted a conditional termination order requiring the tenant to pay rent arrears and advance rent. If the tenant fails to comply, the landlord can regain possession of the premises.
📚 Full judgment Official document
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[2025] NZTT 5265899
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] owe [NAME] $2,267.00 (“the debt”) being $2240.00 in rent arrears to Thursday 19 June 2025 and $27.00 for the application filing fee.
2. [NAME] and [NAME] must pay [NAME] $3187.00 on or before Friday 20 June 2025 being $920.00 towards two weeks rent in advance and $2267.00 as full payment of the debt in order 1.
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 2 working days of the due dates:
a. The tenancy at Unit/Flat [ADDRESS], [POSTCODE] will terminate and the landlord will have immediate possession of the premises.
b. The balance of the debt will be payable immediately.
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.
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Reasons:
1. The applicant attended the hearing by phone. The respondent unreachable despite two attempted calls to the provided number.
2. The applicant advised that the respondent is usually contactable by phone, and that they had discussed the timing of today’s hearing.
3. The applicant stated that in anticipation of todays hearing the respondent had sent her copies of letters showing that the respondent had cashed in annual leave to pay the rent arrears. She says that the respondent also informed her that her family were going to assist her with payment of the rent arrears. The applicant told me it was their preference to continue with the tenancy if these payments the respondent is promising to pay are paid.
4. Considering these circumstances, I am unsure why the respondent has not attended today’s hearing. I am however satisfied that the respondents wish to continue the tenancy and has taken steps to rectify this breach. I have thus granted a conditional termination rather than immediate termination.
Should a conditional termination order be made?
5. 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.
6. 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.
7. 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.
8. [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME] 11 June 2025
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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 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/
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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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord's claim for rent arrears and the application filing fee was accepted.
- The court accepted that the tenant wished to continue the tenancy and had taken steps to fix the breach.
- The court decided to issue a conditional termination order instead of an immediate one.
- The court was satisfied that the tenant would pay the debt and was unlikely to breach the agreement again.
- The landlord succeeded with the claim and was reimbursed the filing fee.
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 requiring the tenant to pay overdue rent and advance rent.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and the landlord's request for a termination order.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant promised to pay the arrears and the landlord preferred to continue the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a) and 64(4)(b) were applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's promise to pay the arrears and the landlord's preference to continue the tenancy.
Was the decision for or against the person who brought the case?
The decision was for the landlord, who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, paying rent arrears and advance rent on time can prevent the termination of the tenancy.
What evidence or documents mattered?
Letters showing the tenant had cashed in annual leave to pay the rent arrears and the landlord's preference to continue the tenancy were considered.