Conditional Termination Order for Rent Arrears and Debt Payment
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and a debt of $5,487.00. The ruling includes weekly payments for rent and fortnightly payments for the debt. If the tenant fails to make these payments, the tenancy will terminate and the landlord will have immediate possession of the premises.
⚖️ Legal holding
A tenant is required to pay rent arrears and a debt according to a conditional termination order.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies, or if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or related individuals.
This rule states that if a tenancy ends, the Tribunal must issue an order giving possession of the property back to the person who is entitled to it. It also clarifies that an order terminating a tenancy under certain sections, including section 55, 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
The Tribunal granted a conditional termination order and awarded the landlord a debt of $5,487.00.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order, ordering the tenant to pay rent arrears and a debt of $5,487.00. The order includes weekly payments for rent and fortnightly payments for the debt.
📚 Full judgment Official document
__________________________________________________________________________________ 5084608 1
[2025] NZTT 5084608
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. The Tribunal orders suppression of both parties’ names and identifying details.
2. [[NAME]] owes [The landlord/s] $5,487.00 (“the debt”) in accordance with the following table:
Description Landlord Tenant Rent arrears to 11/3/25 $5,460.00 Filing fee reimbursement $27.00 Total award $5,487.00 Total payable by Tenant to Landlord $5,487.00
3. [[NAME]] must pay rent and the debt as follows:
a. By weekly payments on Tuesdays for rent which is currently $630.00.
b. By fortnightly payments of $300.00 for the debt.
c. The fortnightly payments towards the debt will be on Wednesdays commencing on Wednesday 19 March 2025 and continuing until the debt is paid.
4. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
5. If [[NAME]] fails to pay rent and rent arrears within 2 working days of the due dates:
__________________________________________________________________________________ 5084608 2
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 [[NAME]] fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons:
1. Both parties attended the hearing which was held remotely.
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. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
4. Given what the tenant says and that the landlord consents, 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. See section 64(4)(b) Residential Tenancies Act 1986.
6. Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
7. Because this order is made by consent it is appropriate that all party identifying details are suppressed from the published order.
[NAME] 10 March 2025
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.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals
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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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant agreed to repay the debt to avoid immediate termination.
- The landlord and tenant reached a mutual agreement on the terms of payment.
- The tenant committed to making regular payments for both rent and the debt.
- The tribunal recognized the consent of both parties to the conditional termination order.
❌ Tends to be rejected
- The tenant attempted to avoid paying the full amount of rent arrears and the debt.
- The landlord requested termination of the tenancy without considering the tenant’s ability to pay.
- The tenant argued for a longer payment period for the debt, which was not accepted.
- The landlord sought to recover the bond in addition to the rent arrears and debt.
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 rent arrears and a debt of $5,487.00.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and a debt owed to the landlord.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant agreed to repay the debt to avoid immediate termination of the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a) and 64(4)(b) were applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's willingness to repay the debt to avoid immediate termination of the tenancy.
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 meet their financial obligations under the conditional termination order to avoid losing their tenancy.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.