Tenant ordered to pay rent and arrears to avoid termination
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent and arrears to avoid immediate termination of the tenancy. The tenant wished to repay the debt to avoid termination, while the landlord sought termination due to rent arrears.
⚖️ Legal holding
A tenant must pay rent and arrears to avoid termination of the tenancy under the Residential Tenancies Act 1986.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice ending their tenancy if they believe the landlord gave the notice because the tenant exercised their rights or made a complaint about the tenancy. The tenant must apply within 14 working days of receiving the notice.
This rule states that if a tenancy has ended, the Tenancy Tribunal must generally issue an order giving possession of the property back to the person who is entitled to it, usually the landlord. However, such an order cannot be made more than 3 months after the tenancy officially ended.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent and arrears to avoid immediate termination of the tenancy.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent and arrears to avoid immediate termination of the tenancy. The tenant wanted to repay the debt to avoid termination, while the landlord sought termination due to rent arrears.
📚 Full judgment Official document
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[2025] NZTT 5170131
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] $14,482.00 (“the debt”) for rent and arrears to the end of the current rent week, ending Tuesday 20 May 2025.
2. [NAME] must pay rent and make payments to reduce the debt, until the debt has been fully repaid, as follows:
a. by paying the income related rent she is assessed to pay, due on Wednesday 21 May 2025 and each Wednesday thereafter; and
b. by paying $100.00 per week towards the debt on Wednesday 21 May 2025 and each Wednesday thereafter.
3. Payments will be allocated first to rent and then to rent arrears.
4. If the tenant fails to pay rent and rent arrears within 2 working days of the due dates specified in Order 2:
a. the tenancy at Unit/Flat [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:
5. Both parties attended the hearing which was held by teleconference.
6. The landlord has applied for termination of the tenancy and rent arrears and has provided rent records which prove the amount owing.
7. The tenant wants to repay the debt to avoid immediate termination.
Should a conditional termination order be made?
8. 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.
9. The tenant says that her current weekly rent of $557.00 should have been reassessed because she is now receiving a benefit. A WINZ rent reassessment has not been received by the landlord.
10. The landlord agrees that if the tenant pays $100.00 per week towards the arrears, in addition to her assessed weekly rental, the amount of which is not known today, a conditional rather than immediate termination Order should be made.
11. As that outcome would allow the tenancy to continue without the current debt increasing and to be repaid over time, it is an Order I am prepared to make. I am satisfied that the landlord has taken reasonable steps to mitigate the debt accumulation, including engaging in mediation with the tenant and trying to work with her to manage the situation.
12. 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.
B King
15 May 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 pay $100 per week towards the arrears.
- The landlord provided rent records proving the amount owing.
- The tenant expressed willingness to repay the debt to avoid immediate termination.
- The landlord had engaged in mediation with the tenant to manage the situation.
❌ Tends to be rejected
- The tenant argued that her current weekly rent should have been reassessed due to receiving a benefit.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was ordered to pay rent and arrears to avoid immediate termination of the tenancy.
What was the dispute about?
The dispute was about whether the tenant should be terminated for failing to pay rent arrears.
How did the court decide, and why?
The court decided to order the tenant to pay rent and arrears to avoid termination, as the tenant wanted to repay the debt and avoid termination.
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 willingness to repay the debt to avoid termination.
Was the decision for or against the person who brought the case?
The decision was against the tenant, who brought the case to avoid termination.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they pay rent and arrears to avoid termination of their tenancy.
What evidence or documents mattered?
Rent records proving the amount owing were provided by the landlord.