Tenant Must Repay Rent Arrears or Face Eviction
📌 In brief
A tenant was ordered by the Tenancy Tribunal to pay back $250 in rent arrears and continue making regular rent payments to avoid being evicted from their home.
⚖️ Legal holding
A tenant must repay rent arrears to avoid immediate tenancy termination under the Residential Tenancies Act 1986.
📖 Technical summary
The Tribunal granted a conditional termination order for rent arrears.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to repay $250 in rent arrears and ongoing rent payments. If the tenant fails to comply, the tenancy will terminate immediately.
📚 Full judgment Official document
OUTCOME: Allowed in Part
__________________________________________________________________________________ 5471269 1
[2026] NZTT 5471269
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [RESPONDENT] owes [APPELLANT] [NAME] $250.00 (“the debt”), being rent arrears to Wednesday 10 June 2026.
2. [RESPONDENT] must pay rent and the debt as follows:
a. By 4 weekly payments of $150.00, being $93.00 for rent and $57.00 for the debt.
b. A final payment of $115.00, being $93.00 for rent and $22.00 for the debt.
c. Payments will be every Thursday, with the first payment on 11/06/2026 and continuing until 09/07/2026.
3. Payments will be allocated in the following order: rent and then rent arrears.
4. If the tenant fails to pay rent and rent arrears 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.
__________________________________________________________________________________ 5471269 2
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for termination of the tenancy and rent arrears.
3. The tenant wants to repay the debt to avoid immediate termination. The rent arrears has been reduced significantly since the application was lodged.
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. Given the historic arrears record, such an order is appropriate, despite the current reduced rent arrears total.
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]
09 June 2026
__________________________________________________________________________________ 5471269 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/
Reasons:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Rent Arrears and Damages
- Tenancy Tribunal Tenancy Tribunal Rules: Tenant Must Clean Premises Before Leaving
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenant's Failure to Return Constitutes Abandonment
- Tenancy Tribunal Claimant wins rent dispute: Tenant ordered to pay $7,856.15
- Tenancy Tribunal Tenant Must Pay Rent Arrears or Face Eviction
- Tenancy Tribunal Tenant's Non-Appearance Leads to Landlord's Possession Order
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Cleaning Costs
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Damages
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- Tenant must repay rent arrears to avoid immediate tenancy termination.
- Tenant is liable for utility charges and damage costs when breaching tenancy obligations.
- Landlord entitled to possession if they provide valid 90-day notice and tenant does not attend hearing.
- Tenant's failure to return to premises after arranging a meeting constitutes abandonment under the Act.
- Tenant responsible for rent arrears, cleaning costs, and property damage beyond fair wear and tear.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must repay $250 in rent arrears and keep up with ongoing rent payments.
Who was involved?
A landlord and a tenant were involved.
How did the court decide, and why?
The Tribunal decided that the tenant should have time to pay back the debt while continuing to live in the property. The decision was based on the tenant's willingness to repay the arrears.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 54 and 64 were used to make this decision.
What was the argument that mattered most?
The tenant's willingness to repay the arrears and avoid immediate eviction was key in getting a conditional termination order.
Was the decision for or against the person who brought the case?
It was partially for the landlord, as they were granted a conditional termination order.
What does this mean for someone in a similar situation?
Someone with rent arrears may be given time to repay if they show willingness and ability to do so.
What evidence or documents mattered?
The tenant's financial capability to pay back the debt was likely considered important.
Can a decision like this be appealed?
Yes, both parties can appeal within 10 working days of the decision.
Is it worth getting a lawyer for a case like this?
It is recommended to seek legal advice from a qualified lawyer for specific guidance.