Conditional Termination Order Granted: Tenant Must Pay Overdue Rent and Filing Fee
📌 In brief
The Tenancy Tribunal granted a conditional termination order requiring the tenant to pay overdue rent and a filing fee. The order will lapse if fully complied with by 5 May 2025.
⚖️ Legal holding
A tenant is required to pay overdue rent and a filing fee under a conditional termination order.
📖 What the law says
This rule allows the Tenancy Tribunal to 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 assaulted or threatened the landlord or others.
This rule states that if a tenancy ends, the Tribunal must order that the person entitled to the property gets possession of it. 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
Conditional termination order granted with compliance period until 5 May 2025.
📜 Headnote Official document
In this Tenancy Tribunal case, a conditional termination order was granted requiring the tenant to pay overdue rent and a filing fee. The order will lapse if fully complied with by 5 May 2025.
📚 Full judgment Official document
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[2025] NZTT 5117968
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS] 10, Coopers Beach, Coopers Beach 0420
ORDER
1. [NAME] owes [COMPANY] [NAME] For [NAME] $27.00 (“the debt”).
2. [NAME] must pay rent and the debt as follows:
a. By weekly payments of $385.00, being for rent when due each week.
b. Payment of the filing fee by 5pm Thursday 6 March 2025.
3. Payments will be allocated in the following order: rent and the filing fee.
4. If the tenant fails to pay rent within 2 working days of the due date from the date of this Order to 5 May 2025:
a. The tenancy at [ADDRESS] 10, Coopers Beach, Coopers Beach 0420 will terminate and the landlord will have immediate possession of the premises.
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.
6. This conditional termination Order will lapse on Monday 5 May 2025 if fully complied with.
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Description Landlord Tenant Filing fee reimbursement $27.00 Total award $27.00 Total payable by Tenant to Landlord $27.00
Reasons:
1. Both parties attended the hearing via remote teleconference.
2. The landlord has applied for termination of the tenancy and reimbursement of the filing fee. The tenant wants 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. I am satisfied the tenant will pay the rent within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
5. This conditional termination order will lapse on Monday 5 May 2025 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. [COMPANY] [NAME] For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
03 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 landlord's claim for termination and reimbursement of the filing fee was successful.
- The Tribunal was satisfied that the tenant would pay the rent within the specified period.
- The landlord wholly succeeded with their claim, requiring the filing fee to be reimbursed.
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 overdue rent and a filing fee.
What was the dispute about?
The dispute was about the tenant's failure to pay overdue rent and a filing fee.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant had failed to pay overdue rent and a filing fee, and the landlord had applied for termination of the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a) and (1A), and 64(4)(b) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had failed to pay overdue rent and a filing fee, leading to the landlord's application for termination of the tenancy.
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?
For someone in a similar situation, they should ensure they comply with their rental obligations to avoid termination of their tenancy.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.