Conditional Termination Order for Tenant Owing Rent Arrears
📌 In brief
The Tenancy Tribunal ruled that a tenant owing rent arrears and a filing fee must make weekly payments to clear the debt. Failure to comply could lead to termination of the tenancy and immediate possession by the landlord.
⚖️ Legal holding
A tenant owing rent arrears and a filing fee is subject to a conditional termination order under the Residential Tenancies Act 1986.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent was at least 21 days overdue when the application was filed. It also applies if the tenant caused significant damage or assaulted 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 entitled to it. It also clarifies that an order ending 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 for a tenant owing rent arrears and a filing fee.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order for a tenant owing rent arrears and a filing fee. The order requires weekly payments to clear the debt, with consequences for non-compliance.
📚 Full judgment Official document
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[2025] NZTT 5129471
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] As Agent For [NAME] $1,107.00 (“the debt”), being rent arrears of $1080.00 to Friday 21 February 2025 and $27.00 application filing fee.
2. [NAME] must pay rent and the debt by weekly payments of $500.00, being $460.00 for rent and $40.00 for the debt. The payments will be every Tuesday, with the first payment on Tuesday 25 February 2025 and continuing until the debt is paid in full.
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 Unit/[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. If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
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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.
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.
6. The parties accept payment on a Tuesday as that aligns with the tenant income. The rent week starts on a Saturday. Once the debt is cleared, the tenant will ensure rent is paid weekly in advance as required.
7. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
18 February 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 will pay the debt within the period specified in the order.
- The tenant is unlikely to commit any further relevant breach.
- The landlord has applied for termination of the tenancy based on rent arrears.
- The parties agreed to align payments with the tenant’s income schedule.
- The filing fee will be reimbursed to the landlord since the claim was successful.
❌ Tends to be rejected
- The tenant wanted to repay the debt to avoid immediate termination without addressing the conditions set by the Tribunal.
- There are no explicitly rejected arguments provided in the text.
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 make weekly payments to clear the debt.
What was the dispute about?
The dispute was about a tenant owing rent arrears and a filing fee, leading to a conditional termination order.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant owed rent arrears and a filing fee, and the landlord had applied for termination of the tenancy.
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 that the tenant owed rent arrears and a filing fee, which justified a conditional termination order.
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 make timely payments to avoid a conditional termination order.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.