Conditional Termination Order for Tenant's Future Rent Breaches
📌 In brief
The Tenancy Tribunal ordered a tenant to pay rent regularly or face eviction. The order includes conditions for termination if rent is not paid on time.
⚖️ Legal holding
A tenant must pay rent regularly to avoid termination of their tenancy.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies, 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 section states that if a tenancy ends, the Tribunal must issue an order giving possession of the property back to the person entitled to it, as long as the application is made within 3 months of the tenancy ending. An order from the Tribunal to end a tenancy also 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 made a conditional termination order for a tenant's future rent breaches.
📜 Headnote Official document
The Tenancy Tribunal made a conditional termination order for a tenant's future rent breaches, requiring regular rent payments to avoid termination of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5170171
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS:
[Tenancy address suppressed]
ORDER
1. The Tribunal Order suppression of the parties’ names and identifying details.
2. [The tenant] must pay rent of $900.00 (pending any change in the rent payable) weekly in advance, with the next payment due on Saturday 8 March 2025 and continuing each Saturday thereafter.
3. If, within 3 months from the date of this Order, the tenant fails to pay rent as required by Order 1, within 2 working days of the due dates, the tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises.
4. [The tenant] must pay [The applicant/s] $27.00 immediately, being the filing fee on this application
Reasons:
1. Both parties attended the hearing which was held by teleconference.
2. The landlord has applied for termination of the tenancy on the grounds that the Rent was more than 21 days in arrears on the date the application was filed. .
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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. As at the date of the hearing, the tenant’s rent is paid up to date and no arrears are owed. The rent payment record and a previous Order of the Tribunal made on 20 December 2024 (application 5068911) show that there have been regular breaches of the tenant’s obligation to pay the rent weekly in advance in terms of the agreement.
5. With the rent having been paid to date, the landlord does not seek an Order for immediate termination of the tenancy but does ask that an Order be made that the tenancy will terminate in the event of any further breaches.
6. It would not be appropriate to make a conditional termination Order with ongoing effect but I do find that a conditional termination Order of limited duration would be just, to give the tenant the opportunity to provide the landlord with the reassurance it is entitled to, that the past issues with rent being paid on time will not continue.
7. 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.
8. As the landlord was successful with its claim I reimburse the filing fee.
[NAME] 06 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.
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].
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant's rent was paid up to date at the time of the hearing.
- The landlord requested a conditional termination order rather than an immediate termination.
- The tribunal found it just to impose a conditional termination order of limited duration.
❌ Tends to be rejected
- The tenant had a history of regular breaches of paying rent on time.
- The tribunal considered past issues with rent being paid on time would continue without a conditional order.
- The conditional termination order includes a provision for enforcement if the tenant breaches the order.
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 rent regularly or face termination of the tenancy.
What was the dispute about?
The dispute was about the tenant's failure to pay rent on time, leading to potential termination of the tenancy.
How did the court decide, and why?
The court decided to impose a conditional termination order, giving the tenant a chance to prove they can pay rent on time.
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 most important argument was that the tenant had a history of late rent payments, necessitating a conditional termination order.
Was the decision for or against the person who brought the case?
The decision was for the landlord, as the tenant was required to pay rent regularly to avoid termination.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they pay rent on time to avoid facing a conditional termination order.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents used, but it references the tenant's history of late payments.