Conditional Termination Order Granted for Rent Arrears
📌 In brief
The Tenancy Tribunal granted a conditional termination order to a tenant who owed rent arrears and a filing fee. The tenant agreed to pay the debt and maintain consistent rent payments to avoid immediate termination.
⚖️ Legal holding
A tenant is entitled to a conditional termination order if they demonstrate willingness and ability to pay outstanding debts and maintain consistent rent payments.
📖 What the law says
This section 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 or threatened significant damage to the property, or assaulted or threatened the landlord or their family/agent.
This section explains that if a tenancy has ended, the Tribunal must issue an order giving possession of the property to the person who is entitled to it. This order cannot be made more than three months after the tenancy ended. An order from the Tribunal ending a tenancy also acts as an order granting possession to the landlord.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal granted a conditional termination order and ordered the tenants to pay rent arrears and a filing fee.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order to a tenant who owed rent arrears and a filing fee, provided the tenant pays the debt and maintains consistent rent payments.
📚 Full judgment Official document
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[2025] NZTT 5112608
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] owe [COMPANY] $1,497.00 (“the debt”), calculated as shown in the table below:
Description Landlord Tenant
Rent arrears to 13.3.2025 $1,470.00 Filing fee reimbursement $27.00 Total award $1,497.00
2. [NAME] and [NAME] must pay rent and the debt as follows:
a. By a payment of $490.00 on Tuesday 11 March 2025 towards the debt;
b. By a payment of $1,470.00 on Wednesday 19 March 2025, being weekly rent of $490.00 and $1,007.00 for the balance of the debt.
c. By payments of $490.00 every Wednesday for weekly rent, starting on Wednesday 26 March 2025 and every Wednesday after that.
3. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
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4. If the tenant fails to pay rent and rent arrears within 2 working days of the due dates:
a. The tenancy at [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.
Reasons:
1. [NAME], representing the landlord, and [NAME], representing the tenants, both attended the teleconference hearing.
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 landlord sought a final termination order and did not want a conditional termination order made.
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. The rent arrears owing at the date of filing the application and at the hearing date is exactly 21 days of rent arrears, being $1,470.00, with weekly rent of $490.00.
6. The tenant has paid rent arrears owing in full recently, both in December 2024 and in January 2025 and said she has had health issues recently. She said she works full time and her husband is on a benefit. She is willing to repay the full debt owing by 19 March 2025, and to get the weekly rent payments back on track consistently. There was no evidence that there has been any conditional termination order made previously relating to this tenancy. The landlord said they have attempted to make payment arrangements with the tenant before without success and the owner is finding the inconsistent rent payments by the tenant difficult financially.
7. 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.
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8. 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
9. [COMPANY] has been successful with the claim I must reimburse the filing fee.
C Price
11 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].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant was willing to repay the full debt by a specific date and get weekly rent payments back on track.
- The tenant had previously paid rent arrears in full in December 2024 and January 2025.
- The tenant works full-time, indicating an ability to meet payment obligations.
- The Tribunal was satisfied that the tenant would pay the debt and was unlikely to breach the agreement again.
- The landlord was successful with their claim, so the filing fee must be reimbursed.
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 the tenant who owed rent arrears and a filing fee.
What was the dispute about?
The dispute was about whether the tenant should be granted a conditional termination order instead of a final termination order.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant demonstrated willingness and ability to pay the debt and maintain consistent rent payments.
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 willingness and ability to pay the debt and maintain consistent rent payments.
Was the decision for or against the person who brought the case?
The decision was for the landlord, who brought the case seeking termination of the tenancy.
What does this mean for someone in a similar situation?
Someone in a similar situation might be granted a conditional termination order if they show willingness and ability to pay their debts and maintain consistent rent payments.
What evidence or documents mattered?
Evidence of the tenant's recent payment of rent arrears and their willingness to pay the debt and maintain consistent rent payments mattered.