Conditional termination order granted for rent arrears
📌 In brief
The Tenancy Tribunal granted a conditional termination order requiring the tenant to make weekly payments of $430.00, including $420.00 for rent and $10.00 for the filing fee, to avoid termination of the tenancy. The order will lapse if fully complied with, otherwise the landlord will have immediate possession of the premises.
⚖️ Legal holding
A tenant is required to make weekly payments to avoid termination of the tenancy.
📖 What the law says
This section states that the Tenancy Tribunal must 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 related individuals.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
Conditional termination order granted with weekly payments for rent and arrears.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order requiring the tenant to make weekly payments of $430.00, including $420.00 for rent and $10.00 for the filing fee, to avoid termination of the tenancy. The order will lapse if fully complied with, otherwise the landlord will have immediate possession of the premises.
📚 Full judgment Official document
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[2025] NZTT 5247291
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] $367.00 being $340.00 in rent arrears to Tuesday 17 June 2025 and $27.00 for the application filing fee (“the debt”).
2. [NAME] must pay rent and the debt as follows:
a. By weekly payments of $430.00, being $420.00 for rent and $10.00 for the debt.
b. Payments will be every Wednesday, with the first payment on 18/06/2025 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/Flat [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. The applicant attended the hearing by phone. The respondent did not answer the phone when called on the number provided.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. They tell me that the respondent has made significant progress in their repayments and that rent arrears are now less than one week. They tell me that they are happy to continue the tenancy if they are provided with the security of a consequential clause.
3. Ordinarily a consequential clause would require a conversation with the respondent as section 55(1A) of the RTA requires me to be satisfied that the respondent will not commit a further breach and can sustain the arrangement. I am however satisfied that the steps the respondent has taken as evidenced in the rent summary sufficiently imply an intent to comply going forward. Furthermore, the payments requested by the applicant of $10.00 per week are sufficiently modest that the respondent should be able to comply should they wish to continue this tenancy. I am therefore granting a conditional termination order.
4. The landlord has applied for rent arrears and has provided rent records which prove the amount owing to Sunday 15 June 2025, I have added a further 2 days rent to the total to reflect the amount that will be owing to Tuesday 17 February 2025 which is the day of likely next payment based on the payment habits evidenced in the rent summary.
Should a conditional termination order be made?
5. 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.
6. 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.
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.
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[NAME] 12 June 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 has made significant progress in their repayments.
- The landlord is satisfied with the tenant's current ability to pay.
- The tenant has shown a willingness to comply with the terms of the tenancy.
- The weekly payments requested by the landlord are considered reasonable.
❌ Tends to be rejected
- The tenant did not attend the hearing.
- There was no direct conversation with the tenant to confirm their willingness to comply with the terms.
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 of $430.00, including $420.00 for rent and $10.00 for the filing fee, to avoid termination of the tenancy.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and the landlord's request for termination of the tenancy.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant had made significant progress in their repayments and the landlord was willing to continue the tenancy if provided with the security of a consequential clause.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a) and 55(1A) were applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's progress in repaying the arrears and the landlord's willingness to continue the tenancy if provided with the security of a consequential clause.
Was the decision for or against the person who brought the case?
The decision was for the landlord, as the tenant was required to make weekly payments to avoid termination of the tenancy.
What does this mean for someone in a similar situation?
For someone in a similar situation, making regular payments to clear rent arrears can prevent termination of the tenancy.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount owing and showed the tenant's progress in repaying the arrears.