Conditional Termination Order for Rent Arrears
📌 In brief
The Tenancy Tribunal granted a conditional termination order for a tenant who owed rent arrears. The tenant must continue to pay rent to avoid losing their tenancy.
⚖️ Legal holding
A tenant must pay rent arrears and ongoing rent to avoid termination of the tenancy.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the tenant owes at least 21 days of rent, has caused significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal granted a conditional termination order and ordered the tenant to pay rent and fees.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order for a tenant who owed rent arrears, requiring the tenant to pay ongoing rent to avoid termination of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5177032
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: 72 O'[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay the weekly rent of $1,050.00 by every Tuesday from 29 April 2025 onwards.
2. If the tenant fails to pay rent on the due dates:
a. The tenancy at 72 O'[ADDRESS], [POSTCODE] will terminate and the landlord will have immediate possession of the premises.
b. The balance of the debt will be payable immediately.
3. [NAME] must pay [NAME] $27.00 for filing fee reimbursement.
Reasons:
1. Both parties attended the teleconference 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.
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. At the time the application was filed, the rent owing was $5,250.00. By the time of the hearing, all rent arrears had been cleared.
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5. I am satisfied the tenant will pay any debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
6. [NAME] must pay the weekly rent of $1,050.00 by every Tuesday from 29 April 2025 onwards.
7. If the tenant fails to pay rent on the due dates:
c. The tenancy at 72 O'[ADDRESS], [POSTCODE] will terminate and the landlord will have immediate possession of the premises.
8. The balance of the debt will be payable immediately.
9. [NAME] has substantially succeeded with the claim, I order the tenant to reimburse the landlord’s filing fee.
J Yi
28 April 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 tenant agreed to pay all rent arrears.
- The tenant committed to regular weekly rent payments.
- The landlord requested termination due to rent arrears.
- The tribunal granted a conditional termination order based on the tenant's commitment.
❌ Tends to be rejected
- The tenant did not provide a detailed repayment plan.
- The landlord did not seek immediate eviction despite arrears.
- The tribunal did not impose additional penalties beyond rent payment.
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 who owed rent arrears.
What was the dispute about?
The dispute was about whether the tenant should be terminated for failing to pay rent arrears.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant had cleared all rent arrears and agreed to pay ongoing rent.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 55(1)(a) and (1A) was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had cleared all rent arrears and was willing to pay ongoing rent to avoid termination.
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 clear any rent arrears and agree to pay ongoing rent to avoid termination of their tenancy.
What evidence or documents mattered?
The evidence that mattered included the amount of rent arrears and the agreement to pay ongoing rent.