Conditional Termination Order for Rent Arrears
📌 In brief
The Tenancy Tribunal granted a conditional termination order for a tenant's failure to pay rent and arrears. The tenant agreed to a payment plan but did not attend the hearing. The order will lapse if the tenant complies with the plan, otherwise it will be enforceable for 90 days from the first breach.
⚖️ Legal holding
A tenant is entitled to a conditional termination order if they fail to pay rent and rent arrears within the required period.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if one party breaks 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 the status of premises or rights, ordering a party to give possession of premises to another, or ordering a party to pay money.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal granted a conditional termination order for non-payment of rent and rent arrears.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order for a tenant's failure to pay rent and arrears. The tenant did not attend the hearing and had agreed to a payment plan. The order will lapse if fully complied with, otherwise it will be enforceable for 90 days from the first breach.
📚 Full judgment Official document
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[2026] NZTT 5469052
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes Layton Holdings Limited T/A [NAME] $1,528.00 (“the debt”) as shown in the table below:
Description Landlord T Rent arrears (to 16 June 2026) $1,500.00 Filing fee reimbursement $28.00 Total award $1,528.00 Total payable by Tenant to Landlord $1,528.00
2. [NAME] must pay rent and the debt as follows:
a. By 50 weekly payments of $550.00, being $520.00 for rent and $30.00 for the debt.
b. A final payment of $548.00, being $520.00 for rent and $28.00 for the debt.
c. Payments will be every Tuesday, with the first payment on 16/06/2026 (today) and continuing until 01/06/2027.
3. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
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4. If the tenant fails to pay rent and rent arrears 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.
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.
Reasons:
1. A representative of the landlord attended the hearing by telephone.
2. The tenant did not attend. The tenant had advised the Tribunal that she would not attend and explained her absence. She did not apply for an adjournment. Even though the tenant had advised she was not available for the hearing, I did try to call her mobile number. The call went to voicemail.
3. 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?
4. 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.
5. The tenant breached their obligations by failing to pay rent as it falls due. The landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. The arrears reached 21 days, before the parties agreed to a payment plan.
6. The parties have agreed for the tenant to pay weekly rent plus and extra $30 per week until the arrears have been paid. The landlord provided evidence of the agreement by way of email exchange between the parties. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
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7. 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.
R Morgan
16 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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant agreed to a payment plan to cover rent arrears.
- The landlord provided evidence of the agreement through email exchanges.
- The breach of paying rent was not remedied within the required period despite a 14-day notice.
- The tenant acknowledged owing the debt and wanted to repay it to avoid immediate termination.
❌ Tends to be rejected
- The tenant did not attend the hearing and did not apply for an adjournment.
- The tenant failed to pay rent and rent arrears within the required period.
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 for a tenant's failure to pay rent and arrears.
What was the dispute about?
The dispute was about the tenant's failure to pay rent and arrears.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant failed to pay rent and arrears within the required period.
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 that the tenant failed to pay rent and arrears despite agreeing to a payment plan.
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?
Someone in a similar situation should ensure they comply with their rental agreements and payment plans to avoid termination orders.
What evidence or documents mattered?
The evidence included the landlord's notice requiring the tenant to remedy the breach and the parties' agreement on a payment plan.