Conditional Termination Order Granted for Tenant Owing Rent and Arrears
📌 In brief
The Tenancy Tribunal granted a conditional termination order for a tenant owing rent and arrears. The tenant must pay the debt and rent by specific deadlines or face eviction.
⚖️ Legal holding
A tenant is required to pay rent and arrears according to a conditional termination order.
📖 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. It also covers situations where a tenant causes significant damage or threatens the landlord or others.
This section states that if a tenancy has ended, the Tribunal must issue an order giving possession of the property back to the person who is entitled to it. An order from the Tribunal ending a tenancy, such as for unpaid rent, automatically 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 Tenancy Tribunal granted a conditional termination order for a tenant owing rent and arrears.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order for a tenant owing rent and arrears. The order requires the tenant to pay the debt and rent by specific deadlines or face eviction.
📚 Full judgment Official document
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[2025] NZTT 5101530
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
CONDITIONAL ORDER
1. [NAME] owes [COMPANY] $9,199.28 (“the debt”).
2. [NAME] must pay rent and the debt as follows:
a. By weekly payments being $900.00 for rent.
b. A payment of $9199.28 for the debt as shown in the table below, paid in full on or before 11:59pm Friday 28 February 2025.
3. Payments will be allocated in the following order: rent, rent and water arrears, and the filing fee.
4. If the tenant fails to pay rent and rent and water arrears within 2 working days of the due dates:
a. The tenancy at Unit/[ADDRESS], [POSTCODE] will terminate and the landlord will have possession of the premises as at 11:59pm Friday 7 March 2025.
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 Water charges
$9,000.00 $172.28
Filing fee reimbursement $27.00 Total award $9,199.28 Total payable by Tenant to Landlord $9,199.28
Reasons:
1. Both parties attended the hearing via remote teleconference.
2. The landlord has applied for termination of the tenancy, rent and water arrears. The tenant wants to repay the debt to avoid immediate termination.
3. The landlord provided an updated rent ledger along with [NAME] invoices confirming the amounts outstanding. Having sighted this evidence I am satisfied that the tenant is responsible for this debt.
4. The amounts ordered are proven.
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.
8. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
19 February 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 agreed to repay the debt to avoid immediate termination.
- The landlord provided proof of the rent and water arrears owed by the tenant.
- The tribunal confirmed the amounts ordered based on the provided evidence.
- The tenant is unlikely to commit any further relevant breach, according to the tribunal.
❌ Tends to be rejected
- The tenant did not provide any counter-evidence to dispute the debt amount.
- The landlord successfully applied for a conditional termination order without opposition.
- The tribunal found the tenant responsible for the debt based on the presented invoices.
- There was no indication of any procedural errors or improper admission of evidence.
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 for a tenant owing rent and arrears.
What was the dispute about?
The dispute was about a tenant owing rent and arrears to their landlord.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant owed rent and arrears and needed to pay them by specific deadlines.
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 that the tenant owed rent and arrears and needed to pay them by specific deadlines to avoid eviction.
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 should ensure they pay their rent and arrears on time to avoid eviction.
What evidence or documents mattered?
The evidence included an updated rent ledger and invoices confirming the amounts outstanding.