Tenant ordered to pay $14,116 in rent arrears over five years to avoid termination
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay $14,116 in rent arrears over five years to avoid having their tenancy terminated. Weekly payments began on 19 March 2025.
⚖️ Legal holding
A tenant is required to pay rent arrears over a structured payment plan to avoid termination of the tenancy.
📖 What the law says
This rule says that the Tenancy Tribunal must end a tenancy if the tenant owes at least 21 days of rent when the landlord applies to the Tribunal. It also applies if the tenant has caused or threatened significant damage to the property, or assaulted or threatened the landlord or their family/agent.
This rule states that if a tenancy has ended, the Tribunal must issue an order giving possession of the property to the person who is entitled to 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 and ordered the tenant to pay rent arrears over a period of five years.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order and ordered the tenant to pay $14,116 in rent arrears over a period of five years, with weekly payments starting on 19/03/2025. The order will lapse if fully complied with, otherwise the landlord will have immediate possession of the premises.
📚 Full judgment Official document
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[2025] NZTT 5161871
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] owes [COMPANY] $14,116.00 (“the debt”).
2. [NAME] and [NAME] must pay rent and the debt as follows:
a. By 282 weekly payments of $532.00, being $482.00 for rent and $50.00 for the debt.
b. A final payment of $498.00, being $482.00 for rent and $16.00 for the debt.
c. Payments will be every Wednesday, with the first payment on 19/03/2025 and continuing until 14/08/2030.
3. Payments will be allocated in the following order: rent and 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.
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Description Landlord Tenant Rent arrears $14,116.00 Total award $14,116.00 Total payable by Tenant to Landlord $14,116.00
Reasons:
1. Both parties attended the hearing via remote teleconference.
2. The landlord has applied for termination of the tenancy and rent arrears. 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.
4. 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.
5. 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.
6. The landlord has applied for rent arrears and has provided rent records which prove the amount owing. Having sighted the landlord’s rent ledger I am satisfied that the tenants are responsible for the debt.
7. The claim for rent arrears is proven.
[NAME]
14 March 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 agreed to a structured payment plan to repay the debt.
- The landlord provided proof of the rent arrears through rent records.
- The tenant showed willingness to comply with the payment plan.
- The tribunal found the tenant unlikely to commit further breaches.
❌ Tends to be rejected
- The tenant argued for immediate forgiveness of the debt without a payment plan.
- The landlord requested unconditional termination of the tenancy.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenant to pay $14,116 in rent arrears over five years, with weekly payments starting on 19 March 2025.
What was the dispute about?
The dispute was about the tenant owing rent arrears to the landlord, leading to a potential termination of the tenancy.
How did the court decide, and why?
The court decided to grant a conditional termination order, allowing the tenant to avoid termination if they paid the rent arrears as ordered.
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 that the tenant agreed to pay the rent arrears to avoid immediate termination of the tenancy.
Was the decision for or against the person who brought the case?
The decision was against the tenant, as they were ordered to pay the rent arrears.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they comply with any payment plans to avoid termination of their tenancy.
What evidence or documents mattered?
The judgment mentions rent records proving the amount owing, which were provided by the landlord.