Conditional Termination Order for Rent Arrears - Tenancy Tribunal Decision
📌 In brief
The Tenancy Tribunal ruled in favour of a conditional termination order for rent arrears. This means the tenant can stay in the rental property while paying off the debt through a structured plan. If the tenant fails to comply, the landlord can regain possession of the property.
⚖️ Legal holding
A tenant is entitled to a conditional termination order if they demonstrate the ability to pay rent arrears.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the landlord applies and 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.
This rule explains 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 to end a tenancy automatically acts as an order for possession for the landlord.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
Conditional termination order granted for rent arrears.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order for rent arrears, allowing the tenant to continue renting under a structured repayment plan. The order will lapse if fully complied with, otherwise, the landlord will regain possession of the premises.
📚 Full judgment Official document
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[2025] NZTT 5178413
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] owes [COMPANY] $951.61 (“the debt”), which is rent arrears to 14 April 2025.
2. [NAME] and [NAME] must pay rent and the debt as follows:
a. By weekly payments of $250.00, being $194.00 per week for current rent and $56.00 per week towards the debt, starting on Friday 18 April 2025, continuing every Friday after that until the debt is paid in full.
3. Payments will be allocated in the following order: rent and rent arrears.
4. If the tenant fails to pay rent and rent arrears within 2 working days of the due dates:
a. The tenancy at [ADDRESS], [POSTCODE] will terminate and the landlord will have immediate possession of the premises.
b. The balance of the debt will be payable immediately.
Reasons:
1. Ms [NAME], representing the landlord, and both tenants, all attended the teleconference hearing.
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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. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
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. See section 64(4)(b) Residential Tenancies Act 1986.
C Price
15 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 demonstrated the ability to pay the rent arrears.
- The tenant agreed to a payment plan that would cover both current rent and past due rent arrears.
- The tribunal found the tenant unlikely to commit further breaches.
❌ Tends to be rejected
- The landlord's request for unconditional termination was denied.
- The tenant's failure to pay rent arrears immediately was not considered sufficient grounds for unconditional termination.
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 rent arrears.
What was the dispute about?
The dispute was about the landlord's request to terminate the tenancy due to rent arrears and the tenant's desire to repay the debt to avoid immediate termination.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant demonstrated the ability to pay the rent arrears and was unlikely to commit further breaches.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a) and (1A), and 64(4)(b) 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 their commitment to adhere to the payment plan.
Was the decision for or against the person who brought the case?
The decision was for the tenant who brought the case, allowing them to continue renting under a structured repayment plan.
What does this mean for someone in a similar situation?
For someone in a similar situation, demonstrating the ability to pay rent arrears and adhering to a structured repayment plan can lead to a conditional termination order.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.