Conditional Termination Order for Rent Arrears
📌 In brief
The Tenancy Tribunal granted a conditional termination order for a tenant owing rent arrears. If the tenant does not pay the debt within two working days, the landlord can take immediate possession of the premises.
⚖️ Legal holding
A tenant owing rent arrears can have their tenancy terminated conditionally if the debt is not paid.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent was at least 21 days overdue when the application was made. It also covers situations where a tenant causes significant damage or assaults someone connected to the landlord.
This rule explains that if a tenancy ends, the Tribunal must order that the person entitled to the property gets it back. It also says that an order from the Tribunal ending a tenancy, such as for unpaid rent, 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 due to rent arrears, with immediate possession if unpaid.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order for a tenant owing rent arrears, with immediate possession if the debt is not paid within two working days of the due date. The order is based on the Residential Tenancies Act 1986, sections 55(1)(a) and (1A), and 64(4)(b).
📚 Full judgment Official document
__________________________________________________________________________________ 5121471 1
[2025] NZTT 5121471
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 both parties’ names and identifying details.
2. [The tenant/s] owes [The landlord/s] $2,887.00 (“the debt”) in accordance with the following table:
Description Landlord Tenant Rent arrears to 16/3/25 $2,860.00 Filing fee reimbursement $27.00 Total award $2,887.00 Total payable by Tenant to Landlord $2,887.00
3. [The tenant/s] must pay the debt by 17 March 2025.
4. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
5. If [The tenant/s] fails to pay rent arrears within 2 working days of the due date:
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.
6. If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
__________________________________________________________________________________ 5121471 2
Reasons:
1. Both parties attended the hearing which was held remotely.
2. The landlord has applied for termination of the tenancy on the basis of rent arrears however they consent to a conditional order to allow the tenant time to rectify the situation.
3. Where rent is at least 21 days in arrears on the date the application was filed, as it was here, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
4. I have granted a conditional termination order which is consented to by both parties. [The tenant/s] has an appointment with Work and Income New Zealand tomorrow and is hopeful they will be able to assist with the debt. She now has employment so is confident she will be able to pay the rent going forward.
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. See section 64(4)(b) Residential Tenancies Act 1986.
6. Because [[NAME]] has wholly succeeded with the claim I must reimburse the filing fee.
7. Because this order is made by consent, it is appropriate that the parties’ names and identifying details be suppressed from the published order.
[NAME] 10 March 2025
__________________________________________________________________________________ 5121471 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/
__________________________________________________________________________________ 5121471 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 landlord's request for a conditional termination order was granted because both parties agreed to it.
- The tenant's rent was at least 21 days in arrears when the application was filed, requiring a termination order.
- The tenant is hopeful that Work and Income New Zealand will help with the debt.
- The tenant has new employment and is confident in paying future rent.
- The landlord succeeded entirely with the claim, so the filing fee must be reimbursed.
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 owing rent arrears.
What was the dispute about?
The dispute was about a tenant owing rent arrears and the landlord's request to terminate the tenancy.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant owed rent arrears, and the landlord consented to a conditional order to allow the tenant time to rectify the situation.
Which laws or rules were applied?
Sections 55(1)(a) and (1A), and 64(4)(b) of the Residential Tenancies Act 1.986 were applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's ability to pay the rent arrears and the landlord's consent to 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.
What does this mean for someone in a similar situation?
Someone in a similar situation might receive a conditional termination order if they owe rent arrears and the landlord consents to such an order.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.