Conditional Termination Order for Tenant Owing Rent Arrears
📌 In brief
The Tenancy Tribunal granted a conditional termination order to a tenant owing rent arrears. The tenant explained that he had been hospitalised due to a car crash and was committed to clearing the debt as ordered.
⚖️ Legal holding
A tenant is entitled to a conditional termination order if they are likely to clear their debt as ordered.
📖 What the law says
This section states that the Tenancy Tribunal must end a tenancy if the tenant is at least 21 days behind on rent, or has caused significant damage to the property, or has threatened the landlord or others.
This section explains that if a tenancy ends, the Tribunal must order that the person who owns the property gets it back. It also says that an order 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
Conditional termination order granted for a tenant owing rent arrears.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order to a tenant owing rent arrears, allowing the tenant to repay the debt under specific conditions before the tenancy could be terminated.
📚 Full judgment Official document
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[2025] NZTT 5145348
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Edendale, RD 3, Edendale 9893
ORDER
1. [NAME] owes [COMPANY] As Agent For [NAME] $4,027.00 (“the debt”), being rent arrears of $4,000.00 to Thursday 27 March 2025 and the filing fee of $27.00.
2. [NAME] must pay rent and the debt by a payment of $4,527.00, being $500.00 for rent and $4,027.00 for the debt. This payment is due Friday 28 March 2025.
3. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
4. If the tenant fails to pay rent and rent arrears within 2 working days of the due dates:
a. The tenancy at [ADDRESS], Edendale, RD 3, Edendale 9893 will terminate and the landlord will have immediate possession of the premises.
b. The balance of the debt will be payable immediately.
5. If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
6. By consent, the tenancy, if not ended via the above order, ends 5pm Monday 7 April 2025 terminates and possession returns to the landlord at that time.
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Reasons:
1. Both parties attended the hearing, conducted via teleconference.
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.
3. The tenant explained he had been hospitalised due to a car crash. He is still suffering from the injuries. Ending the tenancy for his own needs is desired but he has committed to clearing the debt as ordered. The final date of 7 April 2025 was set to accommodate his exit plan, available to him subject to the conditional terms of this order being satisfied prior.
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. 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.
6. 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.
Filing fee
7. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
M Brennan
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 [NAME]/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 [NAME]/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.[NAME]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/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: [NAME]/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 was hospitalised due to a car crash and is still suffering from injuries.
- The tenant committed to clearing the debt as ordered.
- The tribunal was satisfied that the tenant would pay the debt within the specified period.
- The tenant is unlikely to commit any further relevant breach.
- The landlord succeeded with the claim and must be reimbursed the filing fee.
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 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 was likely to clear the debt as ordered.
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 commitment to clearing the debt as ordered.
Was the decision for or against the person who brought the case?
The decision was for the landlord, granting the conditional termination order.
What does this mean for someone in a similar situation?
Someone in a similar situation might receive a conditional termination order if they are likely to clear their debt as ordered.
What evidence or documents mattered?
The evidence included the tenant's explanation of his hospitalisation and his commitment to clearing the debt.