Conditional Termination Order with Repayment Plan
📌 In brief
The Tenancy Tribunal ruled that the tenant can avoid immediate eviction by repaying a debt of $1,523.31 by July 3, 2026. If the tenant fails to pay, the landlord can regain possession of the property within 90 days.
⚖️ Legal holding
A tenant is entitled to a conditional termination order if they demonstrate the ability to pay a debt within a specified timeframe.
📖 Technical summary
Conditional termination order granted with payment plan to avoid immediate eviction.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order allowing the tenant to avoid immediate eviction by paying a debt of $1,523.31 by the due date of July 3, 2026. The order will lapse if fully complied with, otherwise, the landlord can enforce possession for 90 days from the first breach.
📚 Full judgment Official document
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[2026] NZTT 5469051
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the names and identifying details of both parties.
2. [The tenant/s] owes [The landlord/s] $1,523.31 (“the debt”).
3. [The tenant/s] must pay the debt to the landlord by 5:00 pm on Friday 3 July 2026 (“the due date”).
4. If the tenant fails to pay the debt within 2 working days of the due date:
a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises.
b. The balance of the debt will be payable immediately.
Reasons:
1. Both parties attended the hearing via teleconference.
2. The landlord has applied for termination of the tenancy, rent arrears and compensation for repairs.
3. The tenant did not dispute owing $501.00 for rent arrears and $1,022.31 for repair costs for the vanity cabinet and top.
4. However, the tenant wanted to repay the debt to avoid immediate termination.
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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.
J Yi 04 June 2026
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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 [NAME_1] 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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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:
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal granted a conditional termination order allowing the tenant to avoid immediate eviction by paying a debt by a specific date.
What was the dispute about?
The dispute was over rent arrears and repair costs, with the tenant agreeing to the debt but wanting to avoid immediate eviction.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant demonstrated the ability to pay the debt within the specified timeframe.
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 tenant's willingness to repay the debt within the specified timeframe was the central argument.
Was the decision for or against the person who brought the case?
The decision was for the tenant, granting a conditional termination order to avoid immediate eviction.
What does this mean for someone in a similar situation?
Someone in a similar situation can potentially avoid immediate eviction by demonstrating the ability to pay a debt within a specified timeframe.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.