Tenant Granted Conditional Termination Order to Avoid Eviction
📌 In brief
The Tenancy Tribunal granted a conditional termination order for a tenant owing rent arrears. This means the tenant can avoid immediate eviction by paying the rent arrears over time, as long as they follow the payment plan set by the Tribunal.
⚖️ Legal holding
A tenant is entitled to a conditional termination order if they demonstrate the ability to pay rent arrears 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 was at least 21 days overdue when the application was filed. It also applies if the tenant caused or threatened significant damage to the property, or 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 back 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 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 for a tenant owing rent arrears.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order for a tenant owing rent arrears. The order allows the tenant to avoid immediate eviction by paying rent arrears over time, provided they adhere to the payment schedule.
📚 Full judgment Official document
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[2025] NZTT 5124609
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] owe [COMPANY] $1,098.00 (“the debt”), which is rent arrears to 18 February 2025.
2. [NAME] and [NAME] must pay rent and the debt as follows:
a. By a payment of $194.00 for current rent on Wednesday 19 February 2025.
b. By weekly payments of $214, being $194.00 for current rent and $20.00 per week towards the debt, starting on Wednesday 26 February 2025 and continuing every Wednesday until the debt is repaid in full.
3. Payments will be allocated in the following order: 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. [NAME], representing the landlord, and [NAME] and Ms [NAME], the tenants, all attended the teleconference hearing.
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. 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 tenants 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.
[NAME]
18 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 tenants demonstrated their ability to pay the rent arrears within a specified timeframe.
- The rent was at least 21 days in arrears when the application was filed, requiring a termination order.
- The tenants expressed a desire to repay the debt to avoid immediate termination of their tenancy.
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 whether the tenant could avoid immediate eviction by paying rent arrears over time.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant demonstrated the ability to pay the rent arrears 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 ability to pay the rent arrears within the specified timeframe.
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?
For someone in a similar situation, demonstrating the ability to pay rent arrears within a specified timeframe can lead to a conditional termination order, avoiding immediate eviction.
What evidence or documents mattered?
The evidence included the tenant's willingness to pay the rent arrears and the landlord's application for termination of the tenancy and rent arrears.