Tenant Granted Conditional Termination Order for Rent Arrears
📌 In brief
The Tenancy Tribunal granted a conditional termination order for a tenant owing rent and water arrears. The tenant agreed to pay the debt within a specified timeframe to avoid immediate termination of the tenancy.
⚖️ Legal holding
A tenant owing rent and water arrears can receive a conditional termination order if they agree to pay the debt within a specified timeframe.
📖 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, 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 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 take 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 owing rent and water arrears.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order for a tenant owing rent and water arrears, provided the tenant pays the debt within a specified timeframe. If the tenant fails to pay, the tenancy will terminate and the landlord will have immediate possession of the premises.
📚 Full judgment Official document
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[2025] NZTT 5092850
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] owes [COMPANY] As Agent For [COMPANY] $4,038.32 (“the debt”).
2. [NAME] and [NAME] must pay the debt as follows:
a. By 1 payment of $4,038.32 for the debt by 11:59pm Thursday 13 February 2025.
3. Payment will be allocated in the following order: rent and water arrears, and the filing fee as shown in the table below.
4. If the tenant fails to pay the debt of $4038.32 within 2 working days of the due date:
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.
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.
Description Landlord Tenant Rent arrears as at 12.2.25 $3,428.57 Water rates $582.75
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Filing fee reimbursement $27.00 Total award $4,038.32 Total payable by Tenant to Landlord $4,038.32
Reasons:
1. Both parties attended the hearing by remote teleconference.
2. The landlord has applied for termination of the tenancy, rent and water arrears and payment of the filing fee. The tenant wants 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 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.
4. 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.
5. 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.
6. The landlord has provided rent and water records which prove the amount owing.
7. [COMPANY] As Agent For [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
M Manhire
12 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 tenant agreed to pay the debt within a specified timeframe.
- The landlord provided proof of the rent and water arrears.
- The Tribunal found the tenant likely to comply with the payment plan.
❌ Tends to be rejected
- The tenant did not provide any counter-proof or evidence to dispute the arrears.
- The landlord's request for termination was based on clear arrears, not arbitrary reasons.
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 and water arrears.
What was the dispute about?
The dispute was about a tenant owing rent and water arrears and the landlord's request to terminate 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 within a specified timeframe.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a) and 64(4)(b) were applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's agreement to pay the debt within a specified timeframe.
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 to avoid immediate termination.
What does this mean for someone in a similar situation?
Someone in a similar situation should consider agreeing to pay the debt within a specified timeframe to avoid immediate termination of the tenancy.
What evidence or documents mattered?
The evidence included rent and water records proving the amount owing.