Conditional Termination Order Granted for Tenant
📌 In brief
The Tenancy Tribunal granted a conditional termination order allowing the tenant two months to demonstrate regular rent payments. The order was made due to continuous rent arrears and the tenant's agreement to review the landlord’s rent summary and communicate regarding further payments.
⚖️ Legal holding
A tenant is entitled to a conditional termination order if they can show they will pay rent on time.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if one party has broken the tenancy agreement or the Act. For breaches that can be fixed, the party complaining must have given the other party a notice to fix the problem within at least 10 working days, and the other party failed to do so.
This section outlines the types of orders the Tenancy Tribunal can make. These include declaring the status of premises or rights, ordering a party to give possession of premises to another, or ordering a party to pay money.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal granted a conditional termination order allowing the tenant two months to demonstrate regular rent payments.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order allowing the tenant two months to demonstrate regular rent payments. The order was made due to continuous rent arrears and the tenant's agreement to review the landlord’s rent summary and communicate regarding further payments.
📚 Full judgment Official document
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[2025] NZTT 5119848
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat a, [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] owes [COMPANY] $768.86 calculated as shown in the table below:
2. [NAME] and [NAME] must pay rent and the debt as follows:
a. By 1 payment of $700.00 by Tuesday 1 April 2025.
b. By weekly payments of $700.00, for rent due every Friday, with the first payment on Friday 4 April 2025 and continuing until Friday 30 May 2025.
3. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
4. If the tenant fails to make the payments recorded in order 2 within 2 working days of the due dates and the rent arrears are more than $41.86 then:
a. The tenancy at Unit/Flat a, [ADDRESS], [POSTCODE] will terminate and the landlord will have immediate possession of the premises.
Description Landlord Rent arrears and rent owed to Thursday 3/04/2025 $741.86 Filing fee reimbursement $27.00 Total award $768.86 Total payable by Tenant to Landlord $768.86
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b. The balance of the debt will be payable immediately.
5. If the tenant fails to pay the filing fee of within 2 working days of the due date, the filing fee will be payable immediately.
Reasons:
1. Both parties attended the hearing which took place by teleconference.
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.
Should a conditional termination order be made?
3. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
4. The tenant breached their obligations by failing to pay rent due. On 25 November 2024 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy for the following reasons:
(a)The rent has been continuously in arrears since March 2024
(b)The tenant agreed when this matter was last in the Tribunal on 27 February to review the landlord’s rent summary and communicate regarding any further payments. The tenant did not communicate with the landlord about rent arrears and advised at the hearing today that a payment of $700.00 was made today. The landlord was not aware of this payment until informed at the hearing.
(c)The landlord seeks a conditional termination order for a period of two months to enable the tenant to demonstrate that the rent will be paid on time on the due date and in my view this is appropriate.
5. Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
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6. The conditional termination order will lapse on 30 May 2025. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
How much does the tenant owe?
7. The landlord provided a rent summary and advised that the tenant owes $441.86 to today’s date and is in the same rent arrears position to the end of the rent week as when this matter was last in the Tribunal which was $641.86 in arrears. However, upon reviewing the rent summary after the hearing as the rent week ends on a Thursday and today is a Monday there are three further rent days to the end of the rent week and $741.86 is owed to the end of Thursday 3 April 2025.
8. The tenant provided proof of a payment of $700.00 made today. This is yet to show in the landlord’s bank account and therefore payment is ordered by 1 April 2025 to give time for the landlord to confirm receipt of this.
9. The tenant confirmed that the next rent payment of $700.00 will be made on Friday 4 April 2025 as due.
10. As the actual rent owed to Thursday 3 April 2025 is $741.86 there will still be $41.86 still owed. However, in fairness to the tenant after the discussions today the Tribunal makes a conditional termination order that states that if the rent is more than $41.86 in arrears the landlord may terminate.
12. The tenant is encouraged to make a one-off payment of the $68.86 to bring the rent completely up to date and pay the filing fee to avoid any future confusion.
Filing fee
13. [COMPANY] has substantially succeeded with the claim I have reimbursed the filing fee.
[NAME]
31 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 granted a conditional termination order because the Tribunal was satisfied they would pay the debt and not commit further breaches.
- The landlord's request for a conditional termination order for two months was deemed appropriate to allow the tenant to demonstrate timely rent payments.
- The landlord substantially succeeded with their claim, leading to the reimbursement of the filing fee.
- The tenant provided proof of a $700 payment made on the day of the hearing, which was considered in the payment order.
- The tenant confirmed they would make the next rent payment of $700 on Friday, April 4, 2025.
❌ Tends to be rejected
- The tenant failed to remedy the breach of not paying rent after being served a 14-day notice.
- The tenant failed to communicate with the landlord about rent arrears after agreeing to do so at a previous Tribunal hearing.
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 allowing the tenant two months to demonstrate regular rent payments.
What was the dispute about?
The dispute was about whether the tenant should be allowed to continue renting despite ongoing rent arrears.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant agreed to review the landlord’s rent summary and communicate regarding further payments.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 56(1) and 78(3) were applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's agreement to review the landlord’s rent summary and communicate regarding further payments.
Was the decision for or against the person who brought the case?
The decision was for the tenant, granting a conditional termination order.
What does this mean for someone in a similar situation?
Someone in a similar situation might also receive a conditional termination order if they can show they will pay rent on time.
What evidence or documents mattered?
The evidence that mattered included the landlord’s rent summary and the tenant’s agreement to review it and communicate regarding further payments.