Tenant agrees to pay rent arrears under a payment plan
📌 In brief
The Tenant agreed to a payment plan for rent arrears. The Tenancy Tribunal ordered that the tenant's name and identifying details be suppressed.
⚖️ Legal holding
A tenant must pay rent arrears according to a payment plan agreed upon by both parties.
📖 Technical summary
The tenant agreed to pay rent arrears over a period of two years.
📜 Headnote Official document
The Tenant agreed to a payment plan for rent arrears, with the name and identifying details of the tenant suppressed by the Tribunal's order.
📚 Full judgment Official document
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[2025] NZTT 5066471, 5125770
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER by CONSENT
1. The tenant withdrew the cross application prior to the hearing.
2. The Tribunal orders suppression of the tenant’s name and identifying details.
3. The tenant owes [COMPANY] $9,395.76 (“the debt”), being rent and arrears to 5 May 2025.
4. The tenant must pay rent and the debt as follows:
a. By 67 fortnightly payments of $862.00, being $722.00 for rent and $140.00 for the debt.
b. A final payment of $737.76, being $722.00 for rent and $15.76 for the debt.
c. Payments will be every other Friday, with the first payment on 02/05/2025 and continuing until 26/11/2027.
5. Payments will be allocated in the following order: rent and rent arrears.
6. If the tenant fails to pay rent and rent arrears within 2 working days of the due dates:
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.
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Reasons:
1. Both parties attended the hearing.
2. The parties agreed to the payment of arrears as set out above.
Suppression
3. The Tribunal may, on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (s.95A(4). There is no public interest regarding this case that requires the agreement to be published.
[NAME] 30 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 tenant withdrew their separate application before the hearing.
- The tenant must pay the landlord a total of $9,395.76 for rent and arrears.
- The parties agreed on a payment plan for the arrears.
- The Tribunal ordered the tenant's identifying details to be suppressed.
- If the tenant misses payments, the tenancy will end, and the landlord will get immediate possession.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenant agreed to a payment plan for rent arrears.
What was the dispute about?
The dispute was about the Tenant owing rent arrears to the Landlord.
How did the court decide, and why?
The court decided that the Tenant must pay the rent arrears according to a payment plan agreed upon by both parties.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was the agreement between the Tenant and the Landlord on the payment plan.
Was the decision for or against the person who brought the case?
The decision was for the Landlord, as the Tenant agreed to the payment plan.
What does this mean for someone in a similar situation?
Someone in a similar situation should negotiate a payment plan with their landlord to avoid eviction.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.