Tenancy Tribunal Grants Conditional Termination Order for Rent Arrears
📌 In brief
The Tenancy Tribunal granted a conditional termination order for tenants owing rent arrears and a filing fee. The order gives the tenants a final chance to pay up by next Saturday and weekly rent for the next four months on time, or face termination.
⚖️ Legal holding
A tenant is entitled to a conditional termination order if they are in arrears and the landlord agrees to give them a final chance to pay.
📖 What the law says
This section says that the Tenancy Tribunal must end a tenancy if the tenant owes at least 21 days of rent when the landlord applies to the Tribunal. It also allows termination for substantial damage or assault by the tenant.
This section states that if a tenancy has ended, the Tribunal must order that the person entitled to the property gets it back. It also says that 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 for tenants owing rent arrears and filing fee.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order for tenants owing rent arrears and a filing fee, giving them a final chance to pay up. The order requires the tenants to pay the rent arrears and rent-in-advance deficit by next Saturday and weekly rent for the next four months on time, on pain of termination.
📚 Full judgment Official document
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[2025] NZTT 5097848
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENTS: [redacted]
Tenants
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] owe [COMPANY] $977.00 for rent arrears to 18 March 2025 and the filing fee (“the debt”).
2. [NAME] and [NAME] must pay rent and the debt as follows:
a. Pay their weekly rent of $750.00 every Saturday (including this coming Saturday 22 March 2025).
b. Pay the $977.00 debt by no later than Saturday 29 March 2025.
c. This order shall continue in force until Saturday 26 July 2025.
3. If the tenants fail 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 be entitled to immediate possession of the premises.
b. The balance of the debt and any rent arrears will be payable immediately.
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Description Landlord Tenant Rent arrears to the end of 18/3/25 $628.57 Rent due in advance from 19/3 - 21/3/25 $321.43 Filing fee reimbursement $27.00 Total debt $977.00
Reasons:
1. The hearing was conducted on Microsoft Teams.
2. [NAME] attended the hearing for the landlord.
3. The tenants did not attend. The hearing proceeded in the tenants’ absence.
4. The landlord has applied for termination of the tenancy, rent arrears, and reimbursement of the filing fee.
Should a conditional termination order be made?
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 by virtue of s 55(1)(a) and (1A) Residential Tenancies Act 1986.
6. The landlord could insist on termination but is prepared to give the tenants a final chance to pay their rent on time. The tenants are in arrears in the amount of $628.57 and also three days behind paying their rent in advance (assuming they paid their weekly rent this Saturday).
7. The landlord is satisfied with a conditional order that requires the tenants to pay the rent arrears and rent-in-advance deficit by next Saturday and weekly rent for the next four months on time on pain of termination.
8. That is not to say the tenants may go into arrears again after the elapse of four months with impunity. By then, the imperative to pay the weekly rent should be an entrenched practice and the landlord will not have to return to the Tribunal again.
9. If the landlord does have to return to the Tribunal for further orders, this order should be supplied to the next adjudicator for their consideration.
Filing fee
10. The tenants must reimburse the landlord for the filing fee.
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Termination of order
11. The conditional termination order will lapse if it is fully complied with. If the tenants breach the order, the possession order may be enforced 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 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 tenants owed the landlord $977.00 for rent arrears and the filing fee.
- The landlord was willing to give the tenants a final chance to pay their rent on time.
- The tenants were behind on rent by at least 21 days when the application was filed.
- The landlord was satisfied with a conditional order for payment of arrears and future rent.
- The tenants must reimburse the landlord for the filing fee.
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 tenants owing rent arrears and a filing fee.
What was the dispute about?
The dispute was about tenants owing rent arrears and a filing fee, 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, giving the tenants a final chance to pay up, as the landlord agreed to give them this opportunity.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a) and (1A), and section 64(4)(b) were applied.
What was the argument that mattered most?
The argument that mattered most was that the landlord was willing to give the tenants a final chance to pay their rent on time.
Was the decision for or against the person who brought the case?
The decision was for the landlord, as the tenants were given a final chance to pay their rent arrears and the filing fee.
What does this mean for someone in a similar situation?
Someone in a similar situation might receive a conditional termination order if they are in rent arrears and the landlord agrees to give them a final chance to pay.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.