Conditional Termination Order Granted for Tenant Who Paid Rent Arrears
📌 In brief
The Tenancy Tribunal granted a conditional termination order for a tenant who had largely complied with a mediated order for payment of rent arrears. The landlord's request to suppress the tenant's name was denied.
⚖️ Legal holding
A tenant who has largely complied with a mediated order for payment of rent arrears is unlikely to commit further breaches and thus qualifies for a conditional termination order.
📖 What the law says
This rule says that the Tribunal must end a tenancy if the landlord applies and the rent is at least 21 days late, 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
The Tribunal granted a conditional termination order and denied the landlord's request to suppress the tenant's name.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order for a tenant who had largely complied with a mediated order for payment of rent arrears. The landlord's request to suppress the tenant's name was denied.
📚 Full judgment Official document
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[2025] NZTT 5240158
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] $2,249.00 (“the debt”).
2. [NAME] must pay rent and the debt as follows:
a. By 112 weekly payments of $179.00, being $159.00 for rent (being the current rent at the date of this order) and $20.00 for the debt.
b. A final payment of $168.00, being $159.00 for rent (being the current rent at the date of this order) and $9.00 for the debt.
c. Payments will be every Wednesday, with the first payment on 11/06/2025 and continuing until 04/08/2027.
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 5 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.
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Reasons:
1. The landlord attended the phone hearing. A call to the tenant’s mobile number went unanswered.
2. The landlord has applied for rent arrears and a conditional order for 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. Although the tenant was not present at the hearing, the arrangement for payment of the rent arrears at $20 per week has been in place since August 2024, and has largely been adhered to by the tenant. The landlord’s rent summary shows the tenant has failed to pay rent and the $20 arrears repayment on three occasions between 18 December 2024 and 2 April 2025, but has otherwise paid rent and the $20 arrears repayment every week in that period.
5. Given the tenant has largely complied with the mediated order for payment of rent arrears dated 22 August 2024, I am satisfied the tenant has the ability to 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.
6. 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.
Should the tenant’s name be suppressed?
7. The landlord has sought an order for suppression of the tenant’s name. The grounds advanced are to safeguard the tenant’s ability to obtain another rental property and that the privacy of the tenant outweighs the public interest.
8. Section 95A of the RTA states the Tribunal must, on the application of any party that has wholly or substantially succeeded make an order that the name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the parties’ conduct or any other circumstances of the case.
9. Section 95A(4) of the RTA states the Tribunal may, on the application of any party to proceedings, having regard to the interests of the parties and to the
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public interest, order that all or part of the evidence given or the name of any party not be published.
10. The tenant has not made an application for suppression of their name but s95A(4) permits another party to the proceeding to make an application.
11. The landlord has provided no evidence in support of the submission that suppression is necessary to safeguard the tenant’s ability to obtain another rental nor has the landlord developed the submission that the tenant’s privacy outweighs the public interest.
12. The landlord’s application for suppression of the tenant’s name and identifying details is declined for the following reasons:
a. Open justice is a fundamental principle in our legal system; and
b. The disputes before me are not unusual or other than the ordinary business of the Tribunal; and
c. The open justice principle requires the outcome of adjudication to be available to the public, unless evidence is presented that outweighs the public interest.
[NAME]
10 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 largely complied with the mediated order for payment of rent arrears.
- The tenant has only failed to pay rent and the $20 arrears repayment on three occasions out of many weeks.
- The landlord's application for a conditional termination order was based on the tenant's ability to pay the debt within the specified period.
❌ Tends to be rejected
- The landlord did not provide sufficient evidence to support the need for suppressing the tenant’s name.
- The landlord's application for suppression of the tenant’s name was declined because open justice is a fundamental principle in the legal system.
- The landlord's request for name suppression was denied as the disputes before the tribunal are considered ordinary business and do not justify suppression.
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 the tenant and denied the landlord's request to suppress the tenant's name.
What was the dispute about?
The dispute was about whether to grant a conditional termination order and whether to suppress the tenant's name.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant had largely complied with a mediated order for payment of rent arrears. The court denied the landlord's request to suppress the tenant's name because the landlord did not provide sufficient evidence to justify suppression.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a) and 95A were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had largely complied with the mediated order for payment of rent arrears, indicating the ability to pay the debt and avoid further breaches.
Was the decision for or against the person who brought the case?
The decision was against the landlord, who requested the suppression of the tenant's name.
What does this mean for someone in a similar situation?
For tenants in a similar situation, compliance with mediated orders for payment of rent arrears may prevent the issuance of a final termination order.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered, but it referenced the tenant's compliance with the mediated order for payment of rent arrears.