Conditional Termination Order for Rent Arrears
📌 In brief
The Tenancy Tribunal granted a conditional termination order to a tenant owing rent arrears, giving the tenant a chance to pay the debt within a specified timeframe to avoid immediate eviction.
⚖️ Legal holding
A tenant is entitled to a conditional termination order if they can demonstrate the ability to pay rent arrears within a specified timeframe.
📖 What the law says
This section says that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent is at least 21 days overdue when the application was made. It also applies if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent/other occupiers.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
Conditional termination order granted for unpaid rent arrears.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order to a tenant owing rent arrears, giving the tenant a chance to pay the debt within a specified timeframe to avoid immediate eviction.
📚 Full judgment Official document
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[2025] NZTT 5066655
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] owes [COMPANY] as Agent for [NAME] $9,124.98 (“the debt”) being $9,097.98 for rent arrears to 3 March 2025 and the filing fee of $27.00.
2. [NAME] and [NAME] must pay the debt of $9,124.98 by Monday 10 March 2025.
3. Payments will be allocated to the rent arrears and then to the filing fee.
4. If the tenant fails to pay rent and rent arrears by the due date:
a. The tenancy at Unit/[ADDRESS], [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. The filing fee is payable immediately.
Reasons:
1. Both parties attended the hearing by videoconference today.
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2. 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?
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 (section 55(1)(a) and (1A) of the Residential Tenancies Act 1986).
4. The landlord applied to the Tribunal on 11 November 2024 and there seems to have been some delay before the hearing which has compounded the situation. Unfortunately, the rent arrears have increased since the application was filed with the last payment received on 12 December 2024. The rent arrears to today are $9,097.88 (the weekly rent is $600.00).
5. The tenant said they have applied to withdraw all their Kiwisaver. On the numbers provided, this would enable the arrears to be paid off and there would be a balance available to meet their rent obligations for about 10 weeks. The tenant has been advised that it will take 5-7 working days to withdraw the money. The tenant described the employment and health difficulties her family have been experiencing over the last few months, which have adversely impacted their ability to pay the rent.
6. The landlord insisted on immediate termination. Accepting that there are clear grounds for a final termination order, if I had done so I would have given the tenants a few days at least to organise their affairs and move out, on humanitarian grounds (I was told they have 4 children). The landlord is unable to enforce an immediate termination order until the expiry of 48 hours in any event. Giving the tenants a week to pay the arrears is not very long, does not greatly increase the landlord’s downside, but gives the tenants a final opportunity to save their tenancy. If they are unable to withdraw their Kiwisaver in time, the tenancy will end.
7. I have made a conditional termination order. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach.
[NAME]
03 March 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 demonstrated the ability to pay off the rent arrears using their Kiwisaver funds.
- The tenant showed willingness to meet future rent obligations for about 10 weeks after paying off the arrears.
- The landlord acknowledged the need for a conditional termination order to give the tenant a chance to save their tenancy.
❌ Tends to be rejected
- The landlord insisted on immediate termination despite the tenant's efforts to resolve the arrears.
- The landlord did not accept the humanitarian grounds for giving the tenants a few extra days to organize their affairs and move out.
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 to the tenant, giving them a chance to pay the rent arrears within a specified timeframe to avoid immediate eviction.
What was the dispute about?
The dispute was about whether the tenant should be evicted immediately due to unpaid rent arrears or given a chance to pay the debt.
How did the court decide, and why?
The court decided to grant a conditional termination order, allowing the tenant to pay the rent arrears within a specified timeframe to avoid immediate eviction, considering the tenant's ability to pay and humanitarian grounds.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 55 was applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's ability to pay the rent arrears within a specified timeframe, avoiding immediate eviction.
Was the decision for or against the person who brought the case?
The decision was for the tenant, granting a conditional termination order to allow them to pay the rent arrears within a specified timeframe.
What does this mean for someone in a similar situation?
Someone in a similar situation may be able to negotiate a conditional termination order if they can demonstrate the ability to pay rent arrears within a specified timeframe.
What evidence or documents mattered?
The judgment mentions the tenant's application to withdraw their Kiwisaver funds to pay the arrears, and the landlord's insistence on immediate termination.