Rent Arrears Case Ends with Conditional Termination Order
📌 In brief
The Tenancy Tribunal ruled that a tenant owing rent arrears must follow a structured repayment plan to avoid eviction. The plan includes weekly payments over a year, with penalties for non-compliance.
⚖️ Legal holding
A tenant must repay rent arrears according to a structured payment plan to avoid eviction.
📖 What the law says
This section states that the Tenancy Tribunal must end a tenancy if the tenant is at least 21 days behind on rent when the landlord applies to the Tribunal. It also applies if the tenant has caused or threatened significant damage to the property, or assaulted or threatened the landlord or their family/agent.
This section explains that if a tenancy ends, the Tribunal will issue an order giving possession of the property back to the person who is entitled to it, usually the landlord. An order from the Tribunal to end 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 Tribunal granted a conditional termination order for a tenant owing rent arrears, subject to repayment terms.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order for a tenant owing rent arrears, requiring structured payments over a year to avoid eviction. The order includes penalties for non-compliance.
📚 Full judgment Official document
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[2025] NZTT 5137010
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] $1,236.00 (“the debt”) being rent arrears for the period ending 30 April 2025.
2. [NAME] must pay rent and the debt as follows:
a. By 61 weekly payments of $162.00, being $142.00 for rent and $20.00 for the debt.
b. A final payment of $158.00, being $142.00 for rent and $16.00 for the debt.
c. Payments will be every Thursday, with the first payment on 01/05/2025 and continuing until 02/07/2026.
3. Payments will be allocated in the following order: rent then rent arrears.
4. If the tenant fails to pay rent and rent arrears 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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Reasons:
1. The landlord attended the video conference hearing represented by Ms [NAME]. The tenant did not join the video conference. The Tribunal also attempted to telephone the tenant or the hearing, but the call went unanswered. I am satisfied that the tenant received notice of the hearing and did not attend.
2. The landlord has applied for termination of the tenancy and rent arrears but will accept a repayment arrangement 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 debt within the period specified in the order and is unlikely to commit any further relevant breach. This is demonstrated by the fact that the tenant has been paying current rent in the last few weeks and an extra $30 towards arrears. I have granted a conditional termination order.
5. 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.
[NAME]
28 April 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 request for a conditional termination order was accepted to avoid immediate eviction.
- The Tribunal was satisfied that the tenant would likely pay the debt and not commit further breaches.
- The tenant had recently been paying current rent and an additional amount towards arrears.
- The law requires a termination order when rent is at least 21 days in arrears when the application was filed.
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 a tenant owing rent arrears, requiring structured payments over a year to avoid eviction.
What was the dispute about?
The dispute was about a tenant owing rent arrears and the landlord's request for termination of the tenancy.
How did the court decide, and why?
The court decided to grant a conditional termination order, allowing the tenant to avoid eviction by making structured payments over a year.
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 willingness to pay the debt within the specified period and the landlord's acceptance of a repayment arrangement.
Was the decision for or against the person who brought the case?
The decision was for the landlord, as the tenant must now follow a structured repayment plan to avoid eviction.
What does this mean for someone in a similar situation?
Someone in a similar situation should consider a structured repayment plan to avoid eviction and comply with the terms set by the Tenancy Tribunal.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.