Rent Arrears Lead to Conditional Termination Order in Tenancy Case
📌 In brief
The Tenancy Tribunal at Christchurch issued a conditional termination order for a tenant who owed rent arrears. The tenant must pay the debt by a specific deadline or face immediate termination of the tenancy.
⚖️ Legal holding
A tenant must pay rent arrears within the specified period to avoid termination of the tenancy.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the tenant owes at least 21 days of rent by the time the landlord applies to the Tribunal. It also covers situations where a tenant has caused significant damage or threatened the landlord or their family.
This rule explains that if a tenancy ends, the Tribunal will issue an order allowing the landlord to take back possession of the property. Importantly, an order from the Tribunal to end a tenancy automatically acts as an order for the landlord to get the property back.
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.
📜 Headnote Official document
The Tenancy Tribunal at Christchurch granted a conditional termination order for a tenant owing rent arrears, reminding the tenant that failure to pay rent in full and on time is a breach of the tenancy agreement and the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2026] NZTT 5488050
TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] as agent for [NAME] $525.00 being rent arrears to 16 June 2026 (“the debt”).
2. [NAME] must pay the debt as follows:
a. By a payment of $525.00 by 5.00pm today 16 June 2026.
3. If the tenant fails to pay the rent arrears of $525.00 by 5.00pm today:
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.
4. The tenant must pay the landlord’s filing fee of $28.00 immediately. A failure to pay the filing fee will not trigger the termination clause in order 3(a) above but will be a debt due that can be enforced as a money order.
5. By declaration the Tribunal reminds the tenant that a failure to pay rent in full on time is a breach of the tenancy agreement and of the Residential Tenancies Act 1986. Any future breaches of this kind will almost certainly result in the termination of the tenancy on application by the landlord.
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Reasons:
1. Both parties attended the hearing which I conducted by phone.
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.
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 order1.
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. 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 breach2.
6. The tenant gave evidence that he has already paid the rent arrears outstanding. If so, this order will lapse. The Tribunal cannot make a conditional order based on future payments of rent because that is a tenant’s statutory responsibility.
7. I have issued a declaration to the tenant reminding him that rent must be paid in full and on time. Any future breaches of this kind will almost certainly mean that the tenancy is terminated on application by the landlord.
8. The tenant must pay the landlord’s Tribunal filing fee of $28.00.
J Greene
16 June 2026
1 See section 55(1)(a) and (1A) Residential Tenancies Act 1986 (RTA) 2 See section 64(4)(b) RTA
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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, 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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant must pay the rent arrears of $525.00 by 5:00 PM on the day of the hearing to avoid termination.
- The Tribunal was satisfied that the tenant would pay the debt within the specified period.
- The landlord's application for termination was granted as a conditional order because the rent was at least 21 days in arrears when the application was filed.
- The tenant must pay the landlord's filing fee of $28.00 immediately.
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.
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 because the tenant agreed to pay the debt within a specified period.
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 the tenant's willingness to pay the rent arrears within the specified period.
Was the decision for or against the person who brought the case?
The decision was for the landlord, as the tenant agreed to pay the rent arrears to avoid termination.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they pay their rent arrears on time to avoid termination of their tenancy.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.