Tenant Granted Conditional Termination Order to Repay Rent Arrears
📌 In brief
The Tenancy Tribunal allowed a tenant to repay rent arrears over time by granting a conditional termination order, which gives the tenant a chance to save their tenancy if they adhere to the repayment plan.
⚖️ Legal holding
A tenant is entitled to a conditional termination order if they demonstrate the ability to pay rent arrears over time.
📖 What the law says
This section states that the Tenancy Tribunal must end a tenancy if the tenant's rent is at least 21 days overdue when the landlord applies to the Tribunal. It also covers situations where a tenant causes significant damage to the property or assaults the landlord or their family.
This section explains that if a tenancy has ended, the Tribunal will issue an order allowing the person entitled to the property to take possession of 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 to a tenant owing rent arrears, allowing the tenant to repay the debt over time while maintaining the tenancy, subject to compliance with the payment plan.
📚 Full judgment Official document
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[2025] NZTT 5247171
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] $5,876.00 being rent arrears to Tuesday 17 June 2025 (“the debt”).
2. [NAME] must pay rent and the debt as follows:
a. By 195 weekly payments of $313.00, being $283.00 for rent and $30.00 for the debt.
b. A final payment of $309.00, being $283.00 for rent and $26.00 for the debt.
c. Payments will be every Wednesday, with the first payment on 18/06/2025 and continuing until 14/03/2029.
3. Payments will be allocated in the following order: rent and then to 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. If the tenant fails to pay the filing fee within 5 working days of the due date, the filing fee 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 and rent arrears. The tenant wants to repay the debt to avoid immediate termination. The applicant has told me that this is their preference too if they are provided with the security of a conditional termination order.
3. It is unlikely in my mind that the respondent will be able to sustain this agreement till 2029 without failure as required by this order considering her payment history, however she has assured me that she will. Typically, this tenancy would be terminated but I am granting the request of both parties for a conditional termination order.
4. The respondent claimed to have made certain payments and exhibited a general lack of awareness regarding the extent of her rent arrears and breaches. Upon examination of the purported payments during the hearing, these representations were determined to be inaccurate. The respondent is now on notice regarding her obligations to make full and timely rent payments and the consequences for her tenancy in the event of any future breach of the terms of this order.
5. The respondent should consider this order the final chance to salvage this tenancy. Going forward there should be no doubt in her mind that the payment of rent as stipulated in the order, her tenancy agreement, and any other validly issued notices varying the rent is her sole responsibility. If she anticipates a breach, she should take steps to prepare herself to vacate the tenancy should the breach eventuate.
6. It is my expectation that the applicant will enforce the terms of this order should its terms be breached. To not do so would be failure to mitigate its losses as required under section 49 of the RTA.
Should a conditional termination order be made?
7. 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.
8. 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.
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9. 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] 12 June 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 granted a conditional termination order because both parties preferred this outcome.
- The tenant's request for a conditional termination order was accepted as the Tribunal was satisfied she would pay the debt.
- The landlord's application for termination and rent arrears was granted as a conditional 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 repay rent arrears over time.
What was the dispute about?
The dispute was about whether the tenant could repay rent arrears over time without immediate termination of the tenancy.
How did the court decide, and why?
The court decided to grant a conditional termination order because both the tenant and landlord preferred this option, and the tenant assured the court of her ability to comply with the payment plan.
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 assurance from the tenant that she would be able to sustain the payment plan without failure.
Was the decision for or against the person who brought the case?
The decision was for the tenant who brought the case, allowing her to repay rent arrears over time.
What does this mean for someone in a similar situation?
Someone in a similar situation might be able to negotiate a conditional termination order to repay rent arrears over time, provided they can demonstrate the ability to comply with the payment plan.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.