Tenant Avoids Termination After Partial Payment of Rent Arrears
📌 In brief
The Tenancy Tribunal dismissed a landlord's application for termination of a tenancy after the tenant made significant payments towards rent arrears before the hearing. This means that tenants can avoid termination if they make significant payments towards their rent arrears before the hearing.
⚖️ Legal holding
A tenant can avoid termination if they make significant payments towards rent arrears before the hearing.
📖 Technical summary
The Tenancy Tribunal dismissed the landlord's application for termination due to partial payment of rent arrears by the tenant.
📜 Headnote Official document
The Tenancy Tribunal dismissed a landlord's application for termination of a tenancy after the tenant made significant payments towards rent arrears before the hearing.
📚 Full judgment Official document
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[2025] NZTT 5121139
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. The Tribunal orders suppression of the parties name and identifying details.
2. The application is dismissed.
Reasons:
1. Both parties attended the hearing by phone.
2. The landlord had applied for termination in relation to a breach, rent arrears, payment of the bond and reimbursement of the filing.
3. At the hearing the landlord said the tenant has paid a significant amount of the rent arrears and sought to withdraw the application. By consent the application is dismissed.
[NAME] 25 February 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 paid a significant amount of the overdue rent before the hearing.
- The landlord agreed to withdraw the application for termination.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal dismissed the landlord's application for termination of the tenancy.
What was the dispute about?
The dispute was about whether the landlord could terminate the tenancy due to rent arrears.
How did the court decide, and why?
The court decided to dismiss the application because the tenant had made significant payments towards the rent arrears before the hearing.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The argument that mattered most was that the tenant had made significant payments towards the rent arrears before the hearing.
Was the decision for or against the person who brought the case?
The decision was against the landlord who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, making significant payments towards rent arrears before the hearing can prevent termination of the tenancy.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.