Tenant Granted Conditional Termination Order with Payment Plan
📌 In brief
The Tenancy Tribunal granted a conditional termination order with a structured payment plan for rent arrears, allowing the tenant to avoid immediate eviction. The order requires weekly payments until the debt is settled.
⚖️ Legal holding
A tenant must pay rent arrears according to a structured plan to avoid eviction.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies. It also covers situations where the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
This rule states 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. Importantly, an order from the Tribunal 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
Conditional termination order granted with a payment plan for arrears.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order with a structured payment plan for rent arrears, allowing the tenant to avoid immediate eviction. The order requires weekly payments until the debt is settled.
📚 Full judgment Official document
__________________________________________________________________________________ 5496434 1
[2026] NZTT 5496434
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] $1,071.00 (“the debt”) being rent owing until 24 June 2026.
2. [NAME] must pay rent and the debt as follows:
a. By 10 weekly payments of $262.00, being $162.00 for rent and $100.00 for the debt.
b. A final payment of $233.00, being $162.00 for rent and $71.00 for the debt.
c. Payments will be every Thursday, with the first payment on 25/06/2026 and continuing until 03/09/2026.
3. Payments will be allocated in the following order: rent, 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.
__________________________________________________________________________________ 5496434 2
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
3. The tenant wants to repay the debt to avoid immediate termination.
Should a conditional termination order be made?
4. 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.
5. 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.
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) Residential Tenancies Act 1986.
[NAME] 18 June 2026
__________________________________________________________________________________ 5496434 3
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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant's desire to repay the debt was accepted as a way to avoid immediate termination of the tenancy.
- The Tribunal was satisfied that the tenant would pay the debt and was unlikely to breach the agreement again.
- The landlord's application for termination, rent arrears, and bond refund was considered by the Tribunal.
- A conditional termination order was made because the rent was at least 21 days in arrears when the application was filed.
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 with a structured payment plan for rent arrears, allowing the tenant to avoid immediate eviction.
What was the dispute about?
The dispute was about the tenant's arrears in rent payments and the landlord's request for termination of the tenancy.
How did the court decide, and why?
The court decided to grant a conditional termination order with a structured payment plan, recognising the tenant's willingness to repay the debt and avoid immediate termination.
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 commitment to paying the debt within the specified period to avoid immediate termination.
Was the decision for or against the person who brought the case?
The decision was for the tenant, granting a conditional termination order with a structured payment plan to avoid immediate eviction.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that if they show a willingness to pay their rent arrears and follow a structured payment plan, they may be able to avoid immediate eviction.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.