Tenant Ordered to Pay Rent and Debt to Avoid Termination
📌 In brief
The Tenancy Tribunal ordered a tenant to pay rent and a debt of $6,241.29 to avoid having their tenancy terminated. The order includes specific payment schedules and penalties for non-payment.
⚖️ Legal holding
A tenant must pay rent and a debt according to the order to avoid termination of the tenancy.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the tenant is at least 21 days behind on rent 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 related individuals.
This rule states that if a tenancy has ended, 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 Tribunal granted a conditional termination order and ordered the tenant to pay rent and a debt.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order requiring the tenant to pay rent and a debt of $6,241.29 to avoid termination of the tenancy. The order specifies payment schedules and consequences for non-compliance.
📚 Full judgment Official document
__________________________________________________________________________________ 5144628 1
[2025] NZTT 5144628
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
AMENDED ORDER
1. This amended order replaces the earlier order made on 20 March 2025 due to errors in that order.
2. [NAME] and [NAME] owes [COMPANY] $6,241.29 (“the debt”).
3. [NAME] and [NAME] must pay rent and the debt as follows:
a) By weekly payments of $760.00 for rent every Monday beginning 24 March 2025;
b) A payment of $6,241.29 for the debt on or before 27 April 2025.
4. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
5. 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.
6. If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
__________________________________________________________________________________ 5144628 2
Description Landlord Tenant Rent arrears to 20 March 2025 $6,214.29 Filing fee reimbursement $27.00 Total award $6,241.29 Total payable by Tenant to Landlord $6,241.29
Reasons:
1. Both parties attended the hearing. The landlord attended by video and the tenant attended by telephone.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. 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. Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason the landlord’s name is suppressed.
[NAME] 20 March 2025
__________________________________________________________________________________ 5144628 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 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/
__________________________________________________________________________________ 5144628 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 tenant agreed to pay the debt within the specified period.
- The tenant committed to making weekly rent payments.
- The tenant acknowledged the need to avoid further breaches.
❌ Tends to be rejected
- The landlord's request for immediate termination without a conditional order was not granted.
- The tenant's failure to pay the filing fee within 2 working days was not addressed as a standalone issue.
- The tenant's desire to maintain the tenancy by paying the debt was considered sufficient by the tribunal.
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 rent and a debt of $6,241.29 to avoid termination of the tenancy.
What was the dispute about?
The dispute was about whether the tenant should be required to pay rent and a debt to avoid termination of the tenancy.
How did the court decide, and why?
The court decided to grant a conditional termination order because it was satisfied the tenant would pay the debt within the specified period and was unlikely to commit further breaches.
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 would pay the debt and rent as specified in the order to avoid termination of the tenancy.
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 meet their financial obligations under the tenancy agreement to avoid termination of the tenancy.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.