Tenant Granted Conditional Termination Order for Rent Arrears
📌 In brief
The Tenancy Tribunal granted a conditional termination order for a tenant owing rent arrears. The tenant must make weekly payments to avoid eviction. If the tenant fails to pay, the landlord will have immediate possession of the premises.
⚖️ Legal holding
Where rent is at least 21 days in arrears, the Tribunal must make either a final or a conditional termination order under the Residential Tenancies Act 1986.
📖 What the law says
This rule states that if a landlord applies to the Tenancy Tribunal, the Tribunal must end the tenancy if the rent was at least 21 days overdue when the application was filed. It also applies if the tenant caused significant damage or assaulted the landlord or their family/agent.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal granted a conditional termination order for a tenant owing rent arrears.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order for a tenant owing rent arrears, requiring weekly payments to avoid eviction. 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 5097689
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] owe [COMPANY] $5,135.52 (“the debt”), which is rent arrears to 7 April 2025.
2. [NAME] and [NAME] must pay rent and the debt as follows:
a. By weekly payments of $298.00, being $258.00 per week for rent and $40.00 per week towards the debt, starting on Thursday 10 April 2025 with payments continuing every Thursday until the debt is paid in full.
2. Payments will be allocated in the following order: rent and then rent arrears.
3. If the tenant fails to pay rent and rent arrears within 2 working days of the due dates:
a. The tenancy at Unit/Flat [ADDRESS], [POSTCODE] 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. [NAME], representing the landlord, and [NAME], representing both tenants, both attended the teleconference hearing.
2. The landlord has applied for termination of the tenancy and rent arrears. The tenant wants to repay the debt to avoid immediate termination.
3. Rent was at least 21 days in arrears on the date the application was filed.
4. The landlord provided rent records which prove the amount owing to 7 April 2025, which is $5,135.52.
Should a conditional termination order be made?
5. 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.
6. 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.
7. 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 Price
09 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
- Rent was at least 21 days in arrears when the application was filed.
- The landlord provided rent records proving the amount owing.
- The tenant agreed to repay the debt to avoid immediate termination.
- The tribunal member was satisfied the tenant would pay the debt as specified.
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 owing rent arrears.
What was the dispute about?
The dispute was about a tenant owing rent arrears and the landlord's request for termination of the tenancy.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant agreed to pay the debt and the court was satisfied the tenant would comply with the order.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically sections 55(1)(a) and (1A), were applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's willingness to pay the debt and the court's satisfaction that the tenant would comply with the order.
Was the decision for or against the person who brought the case?
The decision was for the landlord, as the tenant agreed to pay the debt and the court granted a conditional termination order.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they comply with the payment plan to avoid eviction and immediate possession by the landlord.
What evidence or documents mattered?
Rent records proving the amount owing were provided by the landlord.