Tenant Given Conditional Termination Order to Repay Rent Arrears
📌 In brief
The Tenancy Tribunal ruled that a tenant must repay rent arrears and a filing fee to avoid immediate eviction. The tenant was given a conditional termination order, allowing them to retain possession of the property if they meet the repayment conditions.
⚖️ Legal holding
A tenant must repay rent arrears and a filing fee to avoid immediate 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 when the landlord applies to the Tribunal. It also applies if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
This rule explains that if a tenancy has ended, the Tribunal must issue an order giving possession of the property to the person who is entitled to it. Importantly, an order from the Tribunal to end 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 for a tenant's debt repayment.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order for a tenant's debt repayment, including rent arrears and a filing fee, to avoid immediate termination of the tenancy. The order will lapse if fully complied with, otherwise, the landlord will have immediate possession of the premises.
📚 Full judgment Official document
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[2025] NZTT 5105511
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENTS: [redacted]
Tenants
TENANCY ADDRESS: 17 Paapaakiri Loop, Takanini, Takanini 2112
ORDER
1. [NAME] & [NAME] owe [COMPANY] As Agent For [NAME] $2,277.00 (“the debt”), as calculated in the table below.
2. [NAME] & [NAME] must pay the debt as follows:
a. By making full payment of the debt of $2,277.00 by 4pm on Friday 28 February 2025.
3. If the tenants fail to pay rent arrears ($2,250.00) within 2 working days of the due date the tenancy at 17 Paapaakiri Loop, Takanini, Takanini 2112 will terminate and the landlord will have immediate possession of the premises.
4. The balance of the debt will be payable immediately.
5. If the tenants fail to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
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Description Landlord Tenant Rent arrears as at 27 February 2025 $2,250.00 Filing fee reimbursement $27.00 Total award $2,277.00 Total payable by Tenant to Landlord $2,277.00
Reasons:
1. Both parties attended the hearing which was held by video conference. [NAME] advised that she represented herself and her sister [NAME] at today’s hearing.
2. The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and payment of the bond. The tenants want 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 of the hearing the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
4. After discussion at today’s hearing I am satisfied the tenants will pay the debt within the period specified in the order and are unlikely to commit any further relevant breach. I say this because I accept that the tenants are able to obtain finance to pay the current debt immediately and because I accept that [NAME] now has employment so that the rent is more easily met in the future.
5. On this evidence I have granted a conditional termination order.
6. 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 breach. See section 64(4)(b) Residential Tenancies Act 1986.
C ter Haar
27 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 tenants expressed a desire to repay the debt to avoid immediate termination of their tenancy.
- The Tribunal was satisfied that the tenants would pay the debt within the specified period.
- The tenants were able to obtain finance to pay the current debt immediately.
- One of the tenants now has employment, which makes it easier to meet future rent payments.
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's debt repayment, including rent arrears and a filing fee.
What was the dispute about?
The dispute was about whether the tenant owed rent arrears and a filing fee, and whether the tenancy should be terminated immediately.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant was able to obtain finance to pay the debt immediately and had secured employment.
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 that the tenant could secure the necessary funds to repay the debt immediately and had obtained employment.
Was the decision for or against the person who brought the case?
The decision was for the landlord, as the tenant was required to repay the debt to avoid immediate termination of the tenancy.
What does this mean for someone in a similar situation?
For someone in a similar situation, securing the means to repay rent arrears and a filing fee promptly can prevent immediate eviction.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.