Conditional Termination Order Granted for Rent Arrears and Filing Fee
📌 In brief
The Tenancy Tribunal granted a conditional termination order requiring the tenant to pay rent arrears and a filing fee. The order will lapse if fully complied with, otherwise the landlord will regain possession of the premises.
⚖️ Legal holding
A tenant must pay rent arrears and a filing fee under a conditional termination order if they are likely to comply with the order.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the tenant's rent is at least 21 days overdue when the landlord applies to the Tribunal. It also applies if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened 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 who is entitled to it. It also clarifies that an order from the Tribunal ending a tenancy automatically acts as an order for the landlord to regain possession of the property.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal granted a conditional termination order and ordered the tenant to pay rent arrears and a filing fee.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order requiring the tenant to pay rent arrears and a filing fee. The order will lapse if fully complied with, otherwise the landlord will regain possession of the premises.
📚 Full judgment Official document
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[2025] NZTT 5140749
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] $3,570.71 (“the debt”), as calculated in the table below.
2. [NAME] must pay rent and the debt as follows:
a. By making weekly payments of $446.00, being $421.00 for rent and $25.00 for the debt.
b. Payments will be every Thursday , with the first payment on 22 May 2025 and continuing until the whole of the debt is cleared.
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 [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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Description Landlord Tenant Rent arrears as at 22 May 2025, including the $370.00 paid 14 May 2025
$3,543.71
Filing fee reimbursement $27.00 Total award $3,570.71 Total payable by Tenant to Landlord $3,570.71
Reasons:
1. Both parties attended the hearing which was held by telephone.
2. The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and payment 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. After discussion at today’s hearing 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 say this largely because the tenant advised me at today’s hearing that he is going to apply to MSD for a rent review which should see a reduction in his rent because of his reduced working hours. I have therefore 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. I note tat as well as the rent and rent arrears, the tenants is required to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against him.
[NAME]
14 May 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 [NAME] 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 owed the landlord $3,570.71, which included rent arrears and a filing fee.
- The tenant was likely to pay the debt and avoid further breaches, leading to a conditional termination order.
- The tenant planned to apply for a rent review due to reduced working hours, which supported the conditional order.
- The landlord was fully successful in their claim, so the tenant had to repay the filing fee.
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 pay 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 and required to pay rent arrears and a filing fee.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant agreed to repay the debt and was unlikely to commit further breaches.
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 agreement to repay the debt and their likelihood of compliance with the 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 might also receive a conditional termination order if they agree to repay debts and are considered unlikely to breach the order.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.