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AllowedTenancy Tribunal·

Tenant Granted Time to Repay Rent Arrears Without Immediate Eviction

Case No.

📌 In brief

The Tenancy Tribunal allowed the tenant to repay rent arrears over time without immediate eviction, giving the tenant a chance to catch up on payments.

⚖️ Legal holding

A tenant is entitled to a conditional termination order if they demonstrate a willingness to repay arrears over time.

Topics

rent arrearsconditional termination order

Provisions

📖 What the law says

Residential Tenancies Act 1986 s.64

This section generally states that if a tenancy has ended, the Tenancy Tribunal must issue an order giving possession of the property to the person who is entitled to it. However, such an order cannot be made more than three months after the tenancy officially ended.

Plain-English explanation — does not replace advice from a lawyer.

📖 Technical summary

The Tribunal granted a conditional termination order allowing the tenant to repay the debt over time without immediate eviction.

📜 Headnote Official document

The Tenancy Tribunal granted a conditional termination order allowing the tenant to repay rent arrears over time without immediate eviction, provided the tenant adheres to the repayment plan.

📚 Full judgment Official document

__________________________________________________________________________________ 5487736 1

[2026] NZTT 5487736

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] owes [COMPANY] $370.00 (“the debt”) for rent arrears to 15 June 2026.

2. [NAME] must pay rent and the debt as follows:

a. By 18 weekly payments of $122.00, being $102.00 for rent and $20.00 for the debt.

b. A final payment of $112.00, being $102.00 for rent and $10.00 for the debt.

c. Payments will be every Tuesday, with the first payment on 16/06/2026 and continuing until 20/10/2026.

3. Payments will be allocated in the following order: rent, and the debt.

4. If the tenant fails to pay rent and the debt within 5 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.

__________________________________________________________________________________ 5487736 2

Reasons:

1. The landlord attended the hearing. The tenant did not attend, and the hearing proceeded in their absence.

2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. However, the landlord wants to allow the tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

3. 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 (RTA).

4. The landlord has provided rent records that prove the outstanding rent arrears of $370.00 to 15 June 2026.

5. The rent records also show that the tenant has been making regular payments towards the rent arrears and on that basis, 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) RTA.

[NAME]

15 June 2026

__________________________________________________________________________________ 5487736 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.

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/

__________________________________________________________________________________ 5487736 4

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 landlord proved that the tenant owed $370 in rent arrears up to June 15, 2026.
  • The tenant had been making regular payments towards the rent arrears.
  • The tribunal was satisfied that the tenant would pay the debt within the specified period.
  • The landlord wanted to allow the tenant to repay the debt to avoid immediate termination.

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 without immediate eviction.

What was the dispute about?

The dispute was about whether the tenant should be evicted immediately due to unpaid rent arrears or given time to repay the debt.

How did the court decide, and why?

The court decided to grant a conditional termination order, recognising the tenant's willingness to repay the debt over time.

Which laws or rules were applied?

The Residential Tenancies Act 1986, sections 54 and 64, were applied.

What was the argument that mattered most?

The argument that mattered most was the tenant's demonstrated ability and willingness to repay the debt over time.

Was the decision for or against the person who brought the case?

The decision was for the tenant, allowing them to repay the debt over time without immediate eviction.

What does this mean for someone in a similar situation?

Someone in a similar situation might be able to negotiate a repayment plan with their landlord to avoid immediate eviction.

What evidence or documents mattered?

Rent records showing the tenant's regular payments towards the rent arrears mattered in the decision.

Official source: Tenancy Tribunal headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Tenancy Tribunal and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.