Tenant Allowed to Continue Tenancy Under Conditional Order
📌 In brief
The Tenancy Tribunal allowed a tenant to continue living in their rental property until April 6th, 2025, provided they make weekly rental payments and pay back rent arrears. This decision was made under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is entitled to continue their tenancy under a conditional termination order if they agree to regular payments and the landlord consents.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies, or if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or related individuals.
This section states that if a tenancy ends, the Tribunal must issue an order giving possession of the property back to the person who is entitled to it. It also says that an order from section 55 that ends 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 Tenancy Tribunal granted a conditional termination order allowing the tenant to remain until 6 April 2025, subject to weekly rental payments and arrears.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order allowing the tenant to continue their tenancy until April 6th, 2025, subject to weekly rental payments and arrears. The order was made under the Residential Tenancies Act 1986, sections 55(1)(a) and (1A), and 64(4)(b).
📚 Full judgment Official document
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[2025] NZTT 5122892
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] For [NAME] $4,727.00 (“the debt”) as set out in the table:
Description Landlord Tenant Rent arrears to 12 March 2025 $4,700.00 Filing fee reimbursement $27.00 Total award $4,727.00 Bond $1,500.00 Total payable by Tenant to Landlord $3,227.00
2. The tenant has given notice and the last day of the tenancy will be Sunday 6 April 2025.
3. In order for the tenancy to continue until 6 April 2025 the tenant must pay the rent and the debt as follows:
a. By weekly payments of $375.00 for rent with the next payment on Thursday 13 March 2025 and continuing until the tenancy ends.
b. By four weekly payments of $100 for rent arrears with the first payment on Tuesday 11 March 2025 and continuing until the tenancy ends.
4. The balance of the debt must be paid immediately after the end of the tenancy, if it is not paid sooner.
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5. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
6. 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.
7. If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
8. The Bond Centre is to pay the bond of $1,500.00 (5617975-008) to [COMPANY] For [NAME] immediately.
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
3. The tenant has given notice to end the tenancy and she wants to stay at the tenancy premises until 6 April 2025. The landlord has agreed, provided rent and an additional amount are paid each week.
Should a conditional termination order be made?
4. 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 (RTA).
5. The bond has been refunded to the landlord.
6. The tenant has asked for financial assistance and she is motivated to pay the money. I am satisfied the tenant will pay the rent and extra $100 for the next four weeks and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
7. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) RTA.
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Other orders
8. Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
[NAME]
07 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 tenant agreed to regular weekly payments of $375 for rent.
- The tenant also agreed to pay $100 weekly for rent arrears.
- The landlord consented to the continuation of the tenancy under these conditions.
- The tenant requested financial assistance and showed motivation to pay the debt.
❌ Tends to be rejected
- The tenant's failure to pay rent and arrears within 2 working days would terminate the tenancy.
- The tenant's failure to pay the filing fee within 2 working days would make the fee immediately payable.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal allowed the tenant to continue their tenancy until April 6th, 2025, under a conditional termination order.
What was the dispute about?
The dispute was about whether the tenant could continue renting the property while owing rent and agreeing to make regular payments.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant agreed to make weekly rental payments and the landlord consented to the arrangement.
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 make regular payments and the landlord's agreement to allow the tenancy to continue.
Was the decision for or against the person who brought the case?
The decision was for the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation might be able to continue their tenancy if they agree to make regular payments and the landlord consents.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.