Tenant Granted Conditional Termination Order to Avoid Immediate Eviction
📌 In brief
The Tenancy Tribunal allowed a tenant to stay in their rental unit if they repay the rent arrears over a set period. The decision was based on the tenant's ability to meet the repayment schedule.
⚖️ Legal holding
A tenant is entitled to a conditional termination order if they demonstrate the ability to repay rent arrears within a specified timeframe.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies to the Tribunal. It also covers situations where a tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
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 premises if they repay the debt within the specified period.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order allowing the tenant to remain in the premises if they repay the debt within the specified period. The order was made under section 55(1)(a) and (1A) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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2025] NZTT 5128499
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. The Tenant owes the Landlord $1,767 – being $1,740 for rent arrears and $27 for the filing fee for this application. (“the debt”).
2. The Tenant must pay rent and the debt as follows:
a. By 57 weekly repayments of $555 – being $525 for rent and $30 for the debt; and
b. A final payment of $552, being $525 for rent and $27 for the debt.
c. Payments will be every Thursday, with the first payment on 27/02/2025 and continuing until 09/04/2026 or such earlier time as the debt has been repaid in full.
3. Payments will be allocated in the following order: rent, rent arrears and then the filing fee.
4. From the date of this order, if the tenants fail to pay rent and rent arrears within 2 working days of the due dates:
a. The tenancy at Unit/Flat [ADDRESS], [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.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. However, the Landlord is also prepared to allow the Tenant to remain in the premises if a suitable arrangement for repaying the debt can be reached. The tenant wants to repay the debt to avoid immediate termination.
Should a conditional termination order be made?
3. The rent was in arrears by more than 21 days when the application was filed. 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. The Landlord consents to that order.
5. This 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.
B Carter
19 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 was in rent arrears for more than 21 days when the application was filed, which legally requires a termination order.
- The landlord agreed to let the tenant stay if a repayment plan was made.
- The tenant wanted to repay the debt to avoid immediate termination of the tenancy.
- The Tribunal was convinced the tenant would pay the debt within the specified time and would not breach the agreement again.
- The landlord consented to the conditional termination order.
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 premises if they repay the debt within the specified period.
What was the dispute about?
The dispute was about whether the tenant owed rent arrears and whether they could remain in the premises while repaying the debt.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant demonstrated the ability to repay the debt within the specified timeframe.
Which laws or rules were applied?
Section 55(1)(a) and (1A) of the Residential Tenancies Act 1,986 were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had shown they could repay the debt within the specified period without further breaches.
Was the decision for or against the person who brought the case?
The decision was for the tenant who brought the case, allowing them to remain in the premises if they repay the debt.
What does this mean for someone in a similar situation?
Someone in a similar situation might be able to negotiate a repayment plan to avoid immediate eviction if they can show they can meet the repayment schedule.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.