Tenant Granted Rehearing for Rent Arrears
📌 In brief
The Tenancy Tribunal granted a rehearing for the tenant's application and adjusted the payment plan for rent arrears, ensuring consistent payments and addressing past breaches.
⚖️ Legal holding
A tenant is entitled to a rehearing if they can show a substantial wrong or miscarriage of justice occurred.
📖 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, or if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent/other occupants.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal granted a rehearing and modified the payment plan for rent arrears.
📜 Headnote Official document
The Tenancy Tribunal granted a rehearing for the tenant's application and modified the payment plan for rent arrears, ensuring consistent payments and addressing past breaches.
📚 Full judgment Official document
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[2025] NZTT 5033989
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenant’s application for rehearing is granted and was reheard today with the consent of both parties.
2. [NAME] and [NAME] owes [COMPANY] $7,143.74 (“the debt”).
3. [NAME] and [NAME] must pay rent and the debt as follows:
a. By 210 weekly payments of $228.00, being $194.00 for rent and $34.00 for the debt.
b. A final payment of $197.74, being $194.00 for rent and $3.74 for the debt.
c. Payments will be every Tuesday, with the first payment on 18/02/2025 and continuing until 27/02/2029.
4. Payments will be allocated in the following order: rent, and rent arrears.
5. 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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Reasons:
1. This matter came before the Tribunal for hearing on 10 December 2024. At that stage the rent was in arrears in the amount of $7,760.87.
2. Calls were placed to both tenants on the numbers provided but neither tenant answered the calls. As the tenants had been served with the landlord’s claim the hearing proceeded in the tenants’ absence. The tenancy was terminated as the rent was more than 21 days in arrears.
3. On 13 December 2024 the tenants applied for a rehearing on the basis that one of their phones is out of service and that they missed the calls made to the other phone. The tenants’ application for a rehearing was set down for hearing this morning.
4. At the hearing [NAME] and [NAME] appeared for the landlord. [NAME] appeared on behalf of [NAME] (and confirmed that she had authority to do so).
5. [NAME] explained that they missed the calls from the Tribunal on the day but that they have been paying rent consistently together with the sum of $34.00 per week towards the arrears since the day of previous hearing.
6. For the sake of efficiency, and with the consent of both parties, I re-heard the matter today.
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. The landlord has concerns that the rent has been in arrears since 2018, that the arrears are considerable, and that the tenant has entered into payment arrangements previously that have not been adhered to.
9. The tenants confirmed that they understand that if a conditional termination order is made today they will need to pay rent as it falls due together with an additional weekly payment until the arrears is repaid. [NAME] explained that the extra payments are being made by WINZ and that the payments will continue to be paid every week.
10. I am satisfied, based on the most recent payment history and assurances from [NAME], that the tenants will pay the rent arrears within the timeframe set out in the order above and will not commit any further breach1. The tenants have reduced the arrears significantly since the order was made.
1 See section 55(1A) Residential Tenancies Act 1986
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11. As discussed at the hearing, the tenants will need to ensure that no payments are missed by more than two working days if they wish to retain the tenancy. If they anticipate any difficulty in making any of the payments they should urgently contact their landlord (through their case manager) to discuss.
[NAME]
13 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 [NAME]/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 [NAME]/disputes/enforcing-decisions, waea atu ki [NAME] 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.[NAME]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/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: [NAME]/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' application for a rehearing was granted and reheard with both parties' consent.
- The tenants missed the initial hearing because one phone was out of service and they missed calls to the other.
- The tenants have been consistently paying rent and an additional amount towards arrears since the previous hearing.
- The extra payments towards arrears are being made by WINZ and are expected to continue weekly.
- The Tribunal was satisfied that the tenants would pay the arrears and avoid further breaches, based on recent payments and assurances.
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 rehearing for the tenant's application and adjusted the payment plan for rent arrears.
What was the dispute about?
The dispute was about the payment plan for rent arrears and whether the tenant was entitled to a rehearing.
How did the court decide, and why?
The court decided to grant the rehearing and adjust the payment plan because the tenant showed a substantial wrong or miscarriage of justice had occurred.
Which laws or rules were applied?
The Residential Tenancies Act 1986, s 55(1A) was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had shown a substantial wrong or miscarriage of justice had occurred.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation may be able to request a rehearing if they can show a substantial wrong or miscarriage of justice occurred.
What evidence or documents mattered?
The evidence that mattered included the tenant's consistent payment history and assurances that they would adhere to the payment plan.