Conditional Termination Order for Tenant Owing Rent Arrears and Filing Fee
📌 In brief
The Tenancy Tribunal ordered a tenant to pay overdue rent and a filing fee within a specific timeframe. Failure to comply could lead to termination of the tenancy.
⚖️ Legal holding
A tenant must pay rent arrears and a filing fee within a specified period to avoid termination of the tenancy.
📖 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 has caused or threatened significant damage to the property, or has assaulted or threatened to assault the landlord or related individuals.
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, specifying the payment terms and consequences of non-compliance.
📚 Full judgment Official document
__________________________________________________________________________________ 5137048 1
[2025] NZTT 5137048
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] $1,624.73 (“the debt”), being rent arrears to 15 March 2025 of $1,597.73 and reimbursement of the filing fee of $27.00.
2. [NAME] must pay the debt and the current rent of $520.00 no later than 5 pm Thursday 20 March 2025 (“the due date”).
3. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
4. If the tenant fails to pay the debt and the rent due on 20 March 2025, within 2 working days of the due date:
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.
__________________________________________________________________________________ 5137048 2
Reasons:
1. Both parties attended the hearing by telephone.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the filing fee. 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 of the hearing, the Tribunal must make either a final or a conditional termination order. See sections 56(2), 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. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
G Baker
17 March 2025
__________________________________________________________________________________ 5137048 3
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/
__________________________________________________________________________________ 5137048 4
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 landlord's claim for rent arrears was successful.
- The landlord's claim for the filing fee was successful.
- The Tribunal was satisfied the tenant would pay the debt, leading to a conditional termination order.
- The landlord fully succeeded with the claim, requiring the tenant to reimburse the filing fee.
- A conditional termination order was made because the rent was at least 21 days in arrears.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenant to pay overdue rent and a filing fee by a specific deadline, with conditions for termination if unpaid.
What was the dispute about?
The dispute was about a tenant owing rent arrears and a filing fee, leading to a request for termination of the tenancy.
How did the court decide, and why?
The court decided to grant a conditional termination order, believing the tenant would pay the debt and avoid termination.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 54, 55(1)(a), 55(1A), and 64(4)(b) were applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's willingness to pay 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, as the tenant was ordered to pay the rent arrears and filing fee.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they meet their payment obligations to avoid termination of their tenancy.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.