Tenant Granted Conditional Termination Order
📌 In brief
The Tenancy Tribunal granted a conditional termination order allowing the tenant to remain in the property if rent arrears and a debt are paid. The order will lapse if these conditions are met.
⚖️ Legal holding
A tenant must pay rent arrears and a debt to avoid termination of the tenancy agreement.
📖 What the law says
This section states that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent is at least 21 days overdue when the application was filed. 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 section explains 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 clarifies 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
The Tenancy Tribunal granted a conditional termination order allowing the tenant to remain in the property if certain conditions are met.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order allowing the tenant to remain in the property if certain conditions are met, including payment of rent arrears and a debt.
📚 Full judgment Official document
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[2025] NZTT 5154191
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], Te Atatu South, Auckland 0610, St Claire Village
ORDER
1. [NAME] owes [NAME] $1,277.00 (“the debt”).
2. [NAME] must pay rent and the debt as follows:
a. By weekly rent payments of $650 on Wednesday 12 March and Wednesday 19 March 2025.
b. A final payment of $1,277.00, on or before the Thursday 20 March 2025 for the debt.
3. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
4. If the tenant fails to pay rent and rent arrears within 2 working days of the due dates:
a. The tenancy at Unit/[ADDRESS], Te Atatu South, Auckland 0610, St Claire Village will terminate and the landlord will have immediate possession of the premises.
b. The balance of the debt will be payable immediately.
5. If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
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6. The landlord has withdrawn her claims for damage to the property and disposal of goods. She may refile a claim for those items at a later stage if required.
Description Landlord Tenant Rent arrears to 12 March 2025. $1,250.00 Filing fee reimbursement $27.00 Total award $1,277.00 Total payable by Tenant to Landlord $1,277.00
Reasons:
1. The landlord has filed two applications, the first is for abandonment the second is for termination for rent arrears, disposal of goods and the cost of repairing damage caused by the tenant.
2. The landlord attended today’s hearing. The tenant was called multiple times on the phone number provided but all calls went to answerphone.
3. The landlord tells me that since filing her application the tenant has made a considerable effort to pay the rent and rent arrears. It appears that this has been done because the tenant wants to remain in the property.
4. The landlord has heard that the tenant was in custody. She has tried to find out whether he is out of custody or if he remains in custody. If the tenant is in custody that may be why he has been unable to communicate with the landlord and attend today’s hearing.
5. The landlord wants to give the tenant an opportunity to repay the rent arrears and remain in the property if he would like to stay. Most of all the landlord would like the tenant to contact her so they can talk about what is going on. If the tenant is in custody, then he should ask a trusted family member, or a friend or a social worker at the prison to assist him in talking to his landlord. I urge him to try to contact his landlord so they can discuss the tenancy.
Should a conditional termination order be made?
6. 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.
7. I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
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8. 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.
9. If the tenant does wish to give notice to end the tenancy, then he should tell the landlord that and make arrangements for his belongings to be removed.
10. The landlord has withdrawn her claims for damage to the property and disposal of goods. She may refile a claim for those items at a later stage if required.
11. [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
[NAME]
12 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 landlord's claim for rent arrears was accepted, totaling $1,250.00.
- The landlord's request for reimbursement of the filing fee was granted.
- The tenant was given an opportunity to repay the debt and remain in the property.
- The Tribunal was satisfied the tenant would pay the debt and not commit further breaches.
- A conditional termination order was made because rent was at least 21 days in arrears.
❌ Tends to be rejected
- The landlord withdrew claims for property damage and disposal of goods.
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 allowing the tenant to remain in the property if rent arrears and a debt are paid.
What was the dispute about?
The dispute was about whether the tenant should be allowed to remain in the property despite owing rent arrears and a debt.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant had made efforts to pay the rent and arrears and wanted to remain in the property.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a) and OnClickListener 64(4)(b) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had made considerable efforts to pay the rent and arrears and wanted to remain in the property.
Was the decision for or against the person who brought the case?
The decision was for the landlord, as the tenant was given a conditional termination order to pay rent arrears and a debt.
What does this mean for someone in a similar situation?
Someone in a similar situation might be granted a conditional termination order if they show willingness to pay rent arrears and outstanding debts.
What evidence or documents mattered?
The evidence that mattered included the tenant's efforts to pay rent arrears and the landlord's willingness to give the tenant an opportunity to remain in the property.