Tenant Ordered to Pay Debt Including Rent Arrears
📌 In brief
The Tenancy Tribunal ruled that tenants must pay a debt including rent arrears, water rates, and a filing fee. The order includes a conditional termination clause if the tenants fail to comply with the payment schedule.
⚖️ Legal holding
A tenant is required to pay rent arrears, water rates, and a filing fee under a conditional termination order if they fail to comply with the payment schedule.
📖 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, or if 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. 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 tenants to pay a debt including rent arrears, water rates, and a filing fee.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order and ordered the tenants to pay a debt including rent arrears, water rates, and a filing fee. The order specifies the payment schedule and consequences for non-compliance.
📚 Full judgment Official document
__________________________________________________________________________________ 5180531 1
[2025] NZTT 5180531
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenants
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] owes [COMPANY] $6,326.27 (“the debt”), as calculated in the table below.
2. [NAME] and [NAME] must pay rent and the debt as follows:
a. By paying the total of $6,326.27 off in full by 4pm on Friday 25 April 2025. This amount is made up of $5,812.85 rent arrears, $486.42 in water rates and $the filing fee of $27.00.
3. Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.
4. If the tenants fail 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.
5. If the tenant fails to pay the water rates and the filing fee within 2 working days of the due date, the water rates and filing fee will be payable immediately.
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Description Landlord Tenant Rent arrears as at 25 April 2025 $5,812.85 Water rates as at March 2025 $486.42 Filing fee reimbursement $27.00 Total award $6,326.27
Reasons:
1. Both parties attended the hearing which was held remotely.
2. The landlord has applied for termination of the tenancy, rent arrears, water rates, reimbursement of the filing fee and payment of the bond.
3. The tenants want to repay the debt to avoid immediate termination.
How much do the tenants owe?
4. The landlord has provided a rent record which shows that as at 25 April 2025 the tenants owe $5,812.85 in rent arrears.
5. Water invoices provided show that as at the last water bill in March 2025, $486.42 is owed in water rates.
6. The tenants are also required to reimburse the filing fee to the landlord because the landlord was able to prove their claim in full.
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. After discussion with the tenants at today’s hearing I am satisfied the tenants will pay the debt within the period specified in the order and that they are unlikely to commit any further relevant breach.
9. I have therefore granted a conditional termination order.
10. The conditional termination order will lapse if it is fully complied with.
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11. If the tenants breach 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]
17 April 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 landlord proved the tenants owed $5,812.85 in rent arrears as of April 25, 2025.
- The landlord showed that $486.42 was owed for water rates as of March 2025.
- The landlord was entitled to reimbursement of the $27.00 filing fee because their claim was fully proven.
- The Tribunal was satisfied that the tenants would pay the debt and were unlikely to breach the agreement again.
- A conditional termination order was appropriate 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 ordered the tenants to pay a debt including rent arrears, water rates, and a filing fee.
What was the dispute about?
The dispute was about the tenants owing rent arrears, water rates, and a filing fee to the landlord.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenants agreed to pay the debt and the landlord proved their claim in full.
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 the proof of the debt by the landlord and the agreement by the tenants to pay it.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they comply with payment schedules to avoid termination of their tenancy.
What evidence or documents mattered?
The rent record, water invoices, and the filing fee invoice mattered in this case.