Conditional Termination Order for Significant Rent Arrears
📌 In brief
The Tenancy Tribunal granted a conditional termination order and structured repayment plan for significant rent arrears, ensuring compliance with the Residential Tenancies Act 1986. The tenant accepted responsibility and proposed a repayment plan.
⚖️ Legal holding
A tenant is required to repay significant rent arrears through a structured repayment plan.
📖 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. It also applies if the tenant has caused or threatened significant damage to the property, or assaulted or threatened the landlord or their family/agent.
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. An order from the Tribunal to end a tenancy 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 Tenancy Tribunal granted a conditional termination order and repayment plan for significant rent arrears.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order and structured repayment plan for significant rent arrears, ensuring compliance with the Residential Tenancies Act 1986. The tenant accepted responsibility and proposed a repayment plan.
📚 Full judgment Official document
__________________________________________________________________________________ 5158275 1
[2025] NZTT 5158275
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. Elijah-blue Evaleah Jordana Darlei Cameron Meade owes [COMPANY] $8,377.00 (“the debt”).
2. Elijah-blue Evaleah Jordana Darlei Cameron Meade must pay rent and the debt as follows:
a. By 1 payment of weekly rent of $800.00 on Thursday 27 March 2025.
b. By 41 weekly payments of $1,000.00, being $800.00 for rent and $200.00 for the debt, with the first payment on Thursday 03/04/2025 and continuing until 15/01/2026.
c. A final payment of $977.00, being $800.00 for rent and $177.00 for the debt.
d. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
3. If the tenant fails to pay rent and rent arrears within 1 working day 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.
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4. If the tenant fails to pay the filing fee within 1 working day of the due date, the filing fee will be payable immediately.
Description Landlord Tenant Rent arrears to 27/03/2025 $8,350.00 Filing fee $27.00 Total payable by Tenant to Landlord $8,377.00
Reasons:
1. Only the tenant attended the hearing held by videoconference.
2. I telephoned the landlord on the number supplied on the application and the person I spoke to asked me to call another person on another number. I tried the second number but only reached voicemail.
3. Often the Tribunal will dismiss an application if the applicant does not attend the hearing. In this case, the tenant was present, so I proceeded with the hearing.
Should a conditional termination order be made?
4. 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.
5. An up to date rent ledger shows rent owing of $8,350.00 to 27 March 2025.
6. The tenant accepts that the rent arrears are significant. She explained her income and employment situation over the last 3 months. She advises that this has now been resolved and proposes a repayment plan.
7. There is a large debt however 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.
8. The tenant must pay weekly rent of $800.00 this week.
9. She must then make the promised payments of $1,000.00 per week every Thursday until the debt is fully repaid. If any payment is more than one working day late, the tenancy will immediately terminate on this order and the landlord will be entitled to have possession.
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10. 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.
N Maplesden
25 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.
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/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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant's presence at the hearing allowed the Tribunal to proceed with the case, despite the landlord's absence.
- The rent was significantly overdue, which legally required the Tribunal to issue a termination order.
- The tenant acknowledged the large amount of rent owed.
- The tenant explained her recent financial difficulties and confirmed they were resolved.
- The Tribunal was confident the tenant would adhere to the proposed repayment schedule.
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 and structured repayment plan for significant rent arrears.
What was the dispute about?
The dispute was about significant rent arrears owed by the tenant to the landlord.
How did the court decide, and why?
The court decided to grant a conditional termination order and structured repayment plan because the tenant accepted responsibility and proposed a repayment plan.
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 acceptance of responsibility and proposal of a repayment plan.
Was the decision for or against the person who brought the case?
The decision was for the landlord, as the tenant was ordered to repay the rent arrears.
What does this mean for someone in a similar situation?
Someone in a similar situation should propose a structured repayment plan to avoid termination of their tenancy.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.