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 can avoid immediate eviction by paying the debt within a specified period. The order was made due to a history of late rent payments.
⚖️ Legal holding
A tenant must remedy breaches within the required period to avoid inequitable termination.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if one party breaks the tenancy agreement or the Act. For breaches that can be fixed, the party who complained must have given the other party a notice explaining the problem and at least 10 working days to fix it, and the other party failed to do so.
This rule outlines the types of orders the Tenancy Tribunal can make. These include declaring the status of premises or agreements, clarifying rights or obligations, ordering a party to give possession of premises to another, or ordering a party to pay money.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
Conditional termination granted due to repeated late rent payments.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order for a tenant owing rent arrears, allowing the tenant to avoid immediate eviction by paying the debt within a specified period. The order was made due to a history of late rent payments.
📚 Full judgment Official document
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[2025] NZTT 5167251
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes Palmerston North PM Limited T/A [NAME] as Agent for [COMPANY] $577.00 (“the debt”) calculated as shown in the table below.
2. [NAME] must pay rent and the debt as follows:
a. By paying $590.00 for rent on Tuesday 1 April 2025.
b. By paying $550 debt on Thursday 3 April 2025.
3. 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.
4. 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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Description Landlord Tenant Rent arrears to 2 April 2025 $550.00 Filing fee reimbursement $27.00 Debt $577.00
Reasons:
1. The hearing was conducted by telephone. Both parties attended.
2. The landlord has applied for termination of the tenancy, rent arrears and payment of the bond. The tenant wants to repay the debt to avoid immediate termination.
3. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
4. The tenant breached her obligations by not paying the rent when it was due. On 26 November 2024 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy because there has been a lengthy history of late rent payments.
5. Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard from the parties, I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
6. The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
7. Because the landlord has succeeded, I have awarded the filing fee.
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8. There are three people names as tenants on the tenancy agreement. This order has been made against only one of them because she is the only person who has signed the agreement.
R Armstrong
28 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 pay the debt within the specified period.
- The tenant committed to paying rent and rent arrears promptly.
- The landlord provided a 14-day notice to the tenant requiring them to remedy the breach.
❌ Tends to be rejected
- The tenant failed to remedy the breach within the required 14-day period.
- There was a lengthy history of late rent payments by the tenant.
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 facing potential eviction.
How did the court decide, and why?
The court decided to grant a conditional termination order, allowing the tenant to avoid immediate eviction by paying the debt within a specified period. This was due to a history of late rent payments.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 56(1) and 78(3) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had a history of late rent payments and had not remedied the breach within the required period.
Was the decision for or against the person who brought the case?
The decision was for the landlord, as the tenant was ordered to pay the debt and face eviction if they failed to do so.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they pay their rent on time to avoid eviction and conditional termination orders.
What evidence or documents mattered?
The evidence that mattered included the history of late rent payments and the failure to remedy the breach within the required period.