Tenant Granted Conditional Termination Order to Pay Rent Arrears
📌 In brief
The Tenancy Tribunal allowed a tenant to continue living in their rental home while paying back rent arrears over time. The tenant must adhere to a strict payment plan to avoid eviction.
⚖️ Legal holding
A tenant is entitled to a conditional termination order if they can demonstrate the ability to pay rent arrears over time.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice from their landlord ending the tenancy. The tenant must apply within 14 working days if they believe the landlord gave the notice because the tenant used their rights or complained about the tenancy.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal granted a conditional termination order allowing the tenant to pay off rent arrears over time.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order allowing the tenant to pay off rent arrears over time, provided the tenant pays both current rent and the arrears according to a specified schedule.
📚 Full judgment Official document
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[2025] NZTT 5128669
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] as Agent for [NAME] $1,175.57 (“the debt”) calculated as shown in the table below.
2. [NAME] must pay rent and the debt as follows:
a. By 11 fortnightly payments of $1,440.00, being $1,340.00 for rent and $100.00 for the debt.
b. A final payment of $1,415.57, being $1,340.00 for rent and $75.57 for the debt.
c. Payments will be every other Wednesday, with the first payment on 2 April 2025 and continuing until 3 September 2025.
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.
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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 to 1 April 2025 $1,148.57 Filing fee reimbursement $27.00 Total award $1,175.57 Total payable by Tenant to Landlord $1,175.57
Reasons:
1. The hearing was conducted by telephone. Both parties attended.
2. The landlord has applied for a conditional termination of the tenancy.
3. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
4. The tenant breached her obligations by not paying rent as it fell due. On 5 February 2025 the landlord served a 14-day notice on the tenant. The breach was not remedied within the required period. There has been some history of rent arrears and so it is reasonable to make termination order.
5. Because the landlord seeks a conditional order, I have granted a conditional termination that allows the tenant to pay off the arrears at the rate of $100 per fortnight in addition to paying the rent.
6. The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach.
[NAME]
24 March 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 breached her obligations by not paying rent when it was due.
- The landlord served a 14-day notice to remedy the breach, but the tenant failed to do so.
- There was a history of rent arrears, making a termination order reasonable.
- The landlord requested a conditional termination order, which was granted.
- The conditional order allows the tenant to pay off arrears at $100 per fortnight in addition to rent.
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 pay off rent arrears over time.
What was the dispute about?
The dispute was about whether the tenant could continue renting the property while paying back overdue rent.
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 arrears over time.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's ability to pay the rent arrears over time, as evidenced by a payment plan.
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 might be able to negotiate a payment plan to avoid eviction if they can show they can pay the arrears over time.
What evidence or documents mattered?
The evidence included the tenant's payment plan and the history of rent arrears.