Conditional Termination Ordered for Tenant's Rent Arrears
📌 In brief
The Tenancy Tribunal ordered conditional termination of a tenancy because the tenant repeatedly failed to pay rent on time. The tenant must now pay weekly rent in advance.
⚖️ Legal holding
A tenant who repeatedly fails to pay rent on time can have their tenancy conditionally terminated.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if one party breaks the tenancy agreement or the Act. If the problem can be fixed, the party who complained must have given the other party at least 10 working days' notice to fix it, and the problem was not fixed.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered conditional termination of a tenancy due to repeated rent arrears.
📜 Headnote Official document
The Tenancy Tribunal ordered conditional termination of a tenancy due to the tenant's repeated failure to pay rent on time. The tenant was required to start paying weekly rent in advance starting the day after the hearing.
📚 Full judgment Official document
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[2025] NZTT 5143520
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] for [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] as agent for [NAME] $2,434.86 (“the debt”) as calculated in the table below.
2. [NAME] must pay rent and the debt as follows:
a. Paying $790.00 for weekly rent in advance by 20/03/25.
b. By 40 weekly payments of $850.00, being $790.00 for rent and $60.00 for the debt.
c. A final payment of $824.86, being $790.00 for rent and $34.86 for the debt.
d. Payments will be every Thursday, with the first payment on 27/03/2025 and continuing until 01/01/2026.
3. Payments will be allocated in the following order: weekly rent, and then the debt.
4. If the tenant fails to pay rent or the debt within 2 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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Description Landlord Tenant Rent arrears to the end of 19/3/25 $37.86 Unpaid bond $2,370.00 Filing fee reimbursement $27.00 Total award $2,434.86
Reasons:
1. The hearing was conducted on Microsoft Teams.
2. [NAME] attended for the landlord.
3. The tenant did not attend. The hearing proceeded in the tenant’s absence.
4. The landlord has applied for termination of the tenancy, rent arrears, an order for payment of the bond, and reimbursement of the filing fee.
Should the Tribunal order conditional termination?
5. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so pursuant to s 56(1) Residential Tenancies Act 1986.
6. The tenant breached their obligations by failing rent on time. On 2 December 2024, the landlord served a 14-day notice on the tenant for rent arrears, but the breach was not remedied within the required period. It would be inequitable to refuse to conditionally terminate the tenancy because the tenant is so regularly seriously in arrears in paying her rent.
7. The tenant pays rent monthly but that is not in advance. Hence, she has been as much as $6,390.00 in arrears. The landlord cannot be expected to tolerate the repetitive arrears. This situation must be remedied if the tenancy is to continue.
8. The landlord is content with conditional termination rather than immediate termination. As part of that the landlord would like an order that the tenant pay outstanding bond of $2,370.00.
9. It is appropriate to order the tenant to begin paying weekly rent in advance starting tomorrow.
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10. The tenant is then required to pay weekly rent and the outstanding debt (for rent arrears and bond) from the following Thursday.
11. The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach pursuant to s 64(4)(b) of the Residential Tenancies Act 1986.
R Kee
19 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 [NAME]/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 [NAME]/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.[NAME]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/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: [NAME]/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 repeatedly failed to pay rent on time.
- The landlord served a 14-day notice requiring the tenant to remedy the breach, which was not followed.
- The tenant had been as much as $6,390.00 in arrears, showing a pattern of non-payment.
- The landlord requested conditional termination rather than immediate termination.
- The tenant did not attend the hearing, allowing the process to proceed without opposition.
❌ Tends to be rejected
- The tenant did not provide any explanation or defense for the rent arrears.
- The tenant did not offer a plan to address the ongoing issue of rent arrears.
- The tenant did not contest the amount of the debt claimed by the landlord.
- The tenant did not request a rehearing or appeal the decision despite the opportunity to do so.
- The tenant did not show up to the hearing, thus missing the chance to present their side of the story.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered conditional termination of the tenancy due to repeated rent arrears.
What was the dispute about?
The dispute was about a tenant who repeatedly failed to pay rent on time, leading the landlord to seek termination of the tenancy.
How did the court decide, and why?
The court decided to order conditional termination of the tenancy because the tenant's repeated failures to pay rent on time made it inequitable to refuse termination.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 56(1) was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant's repeated failures to pay rent on time made it inequitable to refuse 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, repeated failures to pay rent on time could lead to conditional termination of the tenancy.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.