Tenant Granted Conditional Termination Order for Rent Arrears
📌 In brief
The Tenancy Tribunal granted a conditional termination order to a tenant owing rent arrears, allowing the tenant to avoid immediate eviction if they adhere to a payment plan.
⚖️ Legal holding
A tenant is entitled to a conditional termination order if they demonstrate willingness to pay the debt and avoid further breaches.
📖 What the law says
This section states that the Tenancy Tribunal must end a tenancy if the tenant's rent is at least 21 days overdue when the landlord applies, or 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 outlines the types of orders the Tenancy Tribunal can make. These include declaring rights or obligations, ordering a party to give up possession of a property, or ordering a party to pay money.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
Conditional termination order granted for a tenant owing rent arrears.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order to a tenant owing rent arrears, allowing the tenant to avoid immediate eviction if they adhere to a payment plan.
📚 Full judgment Official document
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[2025] NZTT 5124115
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] $2,096.00 (“the debt”) being rent arrears.
2. [NAME] must pay rent and the debt as follows:
a. By 65 weekly payments of $120.00, being $88.00 for rent and $32.00 for the debt.
b. A final payment of $104.00, being $88.00 for rent and $16.00 for the debt.
c. Payments will be every Wednesday, with the first payment on 12/03/2025 and continuing until 10/06/2026.
3. Payments will be allocated in the following order: rent then rent arrears,
4. 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.
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Reasons:
1. Both parties attended the hearing by telephone.
2. The landlord has applied for termination of the tenancy and rent arrears. The tenant wants to repay the debt to avoid immediate termination.
Should a conditional termination order be made?
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 their obligations by falling into rent arrears. The landlord has 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 as the amount of arrears substantially exceeds 21 days of rent and so the tenancy is terminable under section 55(1)(a) RTA.
5. Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence 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.
[NAME]
07 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's willingness to repay the debt and avoid future breaches satisfied the Tribunal.
- The landlord had served a 14-day notice to remedy the breach, but the tenant failed to do so.
- The amount of rent arrears was substantial, exceeding 21 days of rent.
- The tenant breached their obligations by falling into rent arrears.
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 to a tenant owing rent arrears, allowing the tenant to avoid immediate eviction if they adhere to a payment plan.
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 because the tenant demonstrated willingness to pay the debt and avoid further breaches.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a) and 78(3) were applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's willingness to pay the debt and avoid further breaches.
Was the decision for or against the person who brought the case?
The decision was for the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation might also receive a conditional termination order if they show willingness to pay rent arrears and avoid further breaches.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.