Tenant Granted Conditional Termination Order to Avoid Eviction
📌 In brief
A tenant was given a chance to avoid eviction by promising to pay overdue rent within two weeks. The Tenancy Tribunal granted a conditional termination order, allowing the tenant to remain in the property if they meet the payment plan.
⚖️ Legal holding
A tenant is entitled to a conditional termination order if they provide evidence of steps to resolve arrears and avoid further breaches.
📖 What the law says
This rule says that a Tribunal must end a tenancy if a landlord applies and can show that the rent was at least 21 days late when the application was filed, or if the tenant caused significant damage, or threatened the landlord or others.
This rule states that if a tenancy has ended, 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 ending a tenancy, such as one made under section 55, 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
Conditional termination order granted to the landlord, subject to the tenant paying arrears within two weeks.
📜 Headnote Official document
In a Tenancy Tribunal case, a tenant was granted a conditional termination order to avoid eviction after promising to pay rent arrears within two weeks. The order was based on the tenant's evidence of steps to resolve the situation and avoid further breaches.
📚 Full judgment Official document
__________________________________________________________________________________ 5078609 1
[2025] NZTT 5078609
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] ([NAME]) owes [COMPANY] As Agent For [NAME] $9,027.00 (“the debt”) as shown in the table below.
Description Landlord Rent arrears (to 26 February 2025) $9,000.00 Filing fee reimbursement $27.00 Total award $9,027.00 Total payable by Tenant to Landlord $9,027.00
2. [NAME] ([NAME]) must pay rent and the debt as follows:
a. A payment of $450.00, for current rent on 26 February 2025 and.
b. A payment of $9,027.00 for the debt on or before 3 March 2025.
3. Payments will be allocated in the following order: current 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 [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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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.
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. 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. The tenant gave evidence of personal circumstances which have led to the rent being in arrears. She says that she is starting full-time employment next week, has obtained budgeting advice and can get assistance to pay the rent arrears in full within two weeks.
5. The landlord was, understandably, cautious about treating the tenant’s evidence at face value. Previous promises have not been kept by the tenant. Given the steps that the tenant is now taking to resolve the situation, I am prepared to allow her a very limited time to pay the arrears in full. I am satisfied that, if she gets the assistance she says is available, she 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.
6. 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.
7. I also note that the tenant advised the Tribunal and landlord that she will arrange for payment from her income to be made directly to the landlord in future.
[NAME]
24 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 [NAME]/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 [NAME]/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.[NAME]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/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: [NAME]/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 provided evidence of starting full-time employment soon.
- The tenant obtained budgeting advice to manage payments.
- The tenant arranged for future direct payments from her income to the landlord.
- The tenant showed willingness to get assistance to pay rent arrears within two weeks.
❌ Tends to be rejected
- The landlord was cautious due to previous unfulfilled promises by the tenant.
- The landlord considered the history of non-compliance by the tenant.
- The landlord required a very limited time frame for the tenant to pay 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 the landlord, allowing the tenant to avoid eviction if they paid the rent arrears within two weeks.
What was the dispute about?
The dispute was about a tenant owing rent arrears and the landlord seeking termination of the tenancy.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant provided evidence of steps to resolve the arrears and avoid further breaches.
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 tenant's argument that they were taking steps to resolve the arrears and could pay the debt within the specified period was the most important.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case, as they had to pay the arrears to avoid eviction.
What does this mean for someone in a similar situation?
Someone in a similar situation might be able to avoid eviction if they can show they are taking steps to resolve their arrears.
What evidence or documents mattered?
The judgment mentions the tenant's evidence of personal circumstances and steps taken to resolve the arrears.