Conditional Termination Order for Rent Arrears
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay overdue rent under a conditional termination order. The order specifies payment terms and consequences for non-compliance, while also suppressing the tenant's identity.
⚖️ Legal holding
A tenant is required to pay rent arrears under a conditional termination order.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue, or if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent/other occupants.
This section states that if a tenancy ends, the Tribunal must issue an order giving possession of the property back to the person entitled to it. It also clarifies that an order to end a tenancy automatically acts as an order for the landlord to get possession of the property.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
Conditional termination order granted with suppression of tenant's identity.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order requiring the tenant to pay rent arrears under specific conditions. The order includes suppression of the tenant's identity.
📚 Full judgment Official document
__________________________________________________________________________________ 5220392 1
[2025] NZTT 5220392
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
2. [The tenant/s] owes [COMPANY] $1,255.00 (“the debt”) being rent arrears to 19 May 2025.
3. [The tenant/s] must pay rent and the debt as follows:
a. By fortnightly payments for rent and an additional amount of $40.00 for the debt.
b. Payments will be every other Friday, with the first payment on 23 May 2025 and continuing until the debt is paid in full.
4. Payments will be allocated in the following order: rent and then rent arrears.
5. If the tenant fails to pay rent and rent arrears within 2 working days of the due dates:
a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises.
b. The balance of the debt will be payable immediately.
__________________________________________________________________________________ 5220392 2
Reasons:
1. Both parties attended the phone hearing.
2. The landlord has applied for termination of the tenancy and rent arrears. 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.1
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.2
Suppression
6. As this order is made by consent, I have suppressed the tenant’s names and identifying details. 3
[NAME] 19 May 2025
1 See section 55(1)(a) and (1A) Residential Tenancies Act 1986. 2 See section 64(4)(b) Residential Tenancies Act 1986. 3 See section 95A (4) of the RTA.
__________________________________________________________________________________ 5220392 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/
__________________________________________________________________________________ 5220392 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 pay the rent arrears through regular fortnightly payments.
- The landlord and tenant both attended the phone hearing to discuss the arrears.
- The tribunal found the tenant would likely pay the debt as agreed without further issues.
❌ Tends to be rejected
- The tenant did not provide any reason why they could not pay the arrears as agreed.
- There were no arguments presented by the tenant to avoid the conditional termination order.
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.
What was the dispute about?
The dispute was about the tenant owing rent arrears to the landlord.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant agreed to pay the arrears and the landlord requested termination of the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a), 64(4)(b), and 95A(4) were applied.
What was the argument that mattered most?
The argument that mattered most was the agreement between the tenant and landlord to resolve the arrears through a conditional termination order.
Was the decision for or against the person who brought the case?
The decision was for the landlord, who brought the case to resolve the rent arrears.
What does this mean for someone in a similar situation?
Someone in a similar situation might be able to negotiate a conditional termination order to resolve rent arrears.
What evidence or documents mattered?
The judgment does not specify the evidence or documents used in the decision.