Conditional Termination Order Granted for Tenant with Payment Plan
📌 In brief
The Tenancy Tribunal allowed a tenant to stay in their rental unit if they follow a payment plan to catch up on overdue rent. The plan includes regular payments over many years.
⚖️ Legal holding
A tenant is entitled to a conditional termination order if they provide assurance of compliance with a payment plan to settle arrears.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the rent is at least 21 days overdue when the landlord applies, or if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or related individuals.
This rule explains 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. It also clarifies that an order from the Tribunal ending a tenancy 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 allowing the tenant to remain in the property if they comply with the payment plan.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order allowing the tenant to remain in the property if they comply with a payment plan to settle rent arrears. The order will lapse if fully complied with, otherwise the landlord will regain possession.
📚 Full judgment Official document
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[2025] NZTT 5251482
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] $17,645.71 (“the debt”).
2. [NAME] must pay rent and the debt as follows:
a. By 588 fortnightly payments of $334.00, being $304.00 for rent and $30.00 for the debt.
b. A final payment of $309.71, being $304.00 for rent and $5.71 for the debt.
c. Payments will be every other Friday, with the first payment on 13/06/2025 and continuing until 27/12/2047.
3. Payments will be allocated to rent and then to arrears.
4. If the tenant fails to pay rent and rent arrears within 2 working days of the due dates:
a. The tenancy at Unit/Flat [ADDRESS], [POSTCODE] will terminate and the landlord will have immediate possession of the premises.
b. The balance of the debt will be payable immediately.
__________________________________________________________________________________ 5251482 2
Reasons:
1. [NAME] attended the 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. The applicant has told me that this is their preference too if they are provided with the security of a conditional termination order.
3. It is unlikely in my mind that the respondent will be able to sustain this agreement till 2047 as is required by this order however he has assured me that he will. Typically, this tenancy would be terminated immediately but I am granting the request of [NAME] for a conditional termination order.
4. The respondent attributed his repeated breaches over the course of the tenancy to MSD, his employer, and the [NAME]. He should consider this order a final chance to salvage his tenancy. Going forward there should be no doubt in his mind that the payment of rent and rent arrears as stipulated in the order, his tenancy agreement, and any other validly issued notices varying the rent, is his sole responsibility. The failure of any third party will not be a reason for this tenancy to continue should he breach the terms of this order. If he anticipates a breach, he should take steps to prepare himself to vacate the tenancy should the breach eventuate.
5. It is my expectation that the applicant will enforce the terms of this order should its terms be breached. To not do so, would be failure to mitigate its losses as required under section 49 of the RTA.
Should a conditional termination order be made?
6. 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.
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. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
__________________________________________________________________________________ 5251482 3
[NAME] 11 June 2025
__________________________________________________________________________________ 5251482 4
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's request for a conditional termination order was granted to allow repayment of the debt.
- The landlord preferred a conditional termination order if it provided security.
- The tenant assured the tribunal they would sustain the payment agreement.
- The tenant's rent was at least 21 days in arrears when the application was filed, requiring a termination order.
- The landlord provided rent records that proved the amount of arrears owed.
❌ Tends to be rejected
- The tenant's excuses for repeated breaches, such as issues with third parties, were not accepted as reasons to continue the tenancy.
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 to remain in the property if they comply with a payment plan to settle rent arrears.
What was the dispute about?
The dispute was about whether the tenant could avoid immediate eviction by agreeing to a payment plan for outstanding rent.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant assured the court they would comply with the payment plan.
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 assurance that they would comply with the payment plan to settle the arrears.
Was the decision for or against the person who brought the case?
The decision was for the tenant who wanted to avoid immediate eviction by settling the arrears through a payment plan.
What does this mean for someone in a similar situation?
Someone in a similar situation might be able to avoid immediate eviction by providing assurance of compliance with a payment plan to settle rent arrears.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.