Tenant Granted Conditional Termination Order to Avoid Eviction
📌 In brief
The Tenancy Tribunal granted a conditional termination order allowing the tenant to remain in the property provided they adhere to a payment plan for outstanding rent and debts. The order includes provisions for regular payments and consequences for non-compliance.
⚖️ Legal holding
A tenant is entitled to a conditional termination order if they demonstrate the ability and willingness to pay outstanding rent and debts.
📖 What the law says
This section states that the Tenancy Tribunal must end a tenancy if the tenant is at least 21 days behind on rent 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 related individuals.
This section explains 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 to end a tenancy 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
The Tenancy Tribunal granted a conditional termination order allowing the tenant to remain in the property provided they adhere to the payment plan.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order allowing the tenant to remain in the property provided they adhere to a payment plan for outstanding rent and debts. The order includes provisions for regular payments and consequences for non-compliance.
📚 Full judgment Official document
__________________________________________________________________________________ 5088689 1
[2025] NZTT 5088689
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] owe [COMPANY] $3,966.29 (“the debt”) being rent owed to 24 February 2025.
2. [NAME] and [NAME] must pay rent and the debt as follows:
a. By fortnightly payments of $840.00, being $756.00 for rent and $84.00 for the debt.
b. Payments will be every other Thursday, with the next payment on 27 February 2025 and continuing until the debt is paid in full.
3. Payments will be allocated in the following order: current rent and 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.
5. The tenants can continue to pay additional amounts whenever they are able to.
6. This order incorporates the previous mediated order dated 11 August 2023 and made under application 4653469.
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Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for termination of the tenancy and rent arrears. The tenants want 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 (RTA).
4. The tenants have already started paying the amount agreed in the hearing. They want to stay living in the house. I am persuaded the tenants are motivated, will pay the debt within the period specified in the order, and are unlikely to commit any further relevant breach. I have granted a conditional termination order.
5. I note we discussed the tenants paying $845 a fortnight in the hearing because this is what they are currently paying. After the hearing I noticed that the $5 payments have not been paid consistently. The landlord was happy to accept a payment agreement for $840 a fortnight and this is being paid regularly, so I have used this amount in the order. The tenants can pay the additional $5 any time they are able to. The amount the tenants MUST pay each fortnight is $840.
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) RTA.
7. There was a previous Mediator’s order which was not paid in full and the amount still owing has been incorporated into this order.
8. An application for suppression was made and not allowed because there is public interest when tenants owe money and in social housing.
K Koller
21 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 tenants demonstrated their ability to pay by making consistent fortnightly payments.
- The tenants showed willingness to pay by agreeing to a structured payment plan.
- The tenants have started paying the agreed amount, showing commitment to the plan.
- The landlord accepted a reduced payment amount of $840 fortnightly, indicating flexibility.
- The Tribunal noted the public interest in addressing rent arrears in social housing.
❌ Tends to be rejected
- The inconsistency in paying the additional $5 regularly was noted but did not prevent the order.
- The previous mediator’s order not being fully paid was considered but did not affect the current order.
- The application for suppression was denied, highlighting transparency in handling rent arrears.
- The fact that the previous order was not fully paid was acknowledged but did not impact the conditional termination order.
- The Tribunal did not consider the tenants' past breaches beyond the current payment plan discussion.
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 allowing the tenant to remain in the property provided they adhere to a payment plan for outstanding rent and debts.
What was the dispute about?
The dispute was about whether the tenant could remain in the property while paying off outstanding rent and debts.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant demonstrated the ability and willingness to pay the outstanding rent and debts.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a) and (1A), and 64(4)(b) were applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's demonstration of the ability and willingness to pay the outstanding rent and debts.
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 may be able to avoid eviction by demonstrating the ability and willingness to pay outstanding rent and debts.
What evidence or documents mattered?
The evidence that mattered included the tenant's willingness to pay and their history of partial compliance with previous agreements.