Tenant Ordered to Pay Rent Arrears
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and declined a conditional termination because the tenant had a history of constant arrears.
⚖️ Legal holding
A tenant must pay rent arrears when at least 21 days overdue upon filing an application.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice from their landlord ending the tenancy. The tenant must apply within 14 working days of receiving the notice, arguing that the landlord gave the notice because the tenant used their rights or complained about the tenancy.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and declined a conditional termination.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and declined a conditional termination due to the tenant's history of constant arrears.
📚 Full judgment Official document
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[2025] NZTT 5092230
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] - As Agent For [NAME] $597.00 immediately, being rent arrears to 14 February 2025.
Description Landlord Tenant Rent arrears $570.00 Filing fee reimbursement $27.00 Total award $597.00 Total payable by Tenant to Landlord $597.00
Reasons:
1. The Landlord attended the hearing by video. The Tenants did not appear by video or answer the telephone calls made by the Tribunal to each of their phones.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. At the hearing the Landlord sought a conditional termination as the Tenant had taken steps to pay back the rent arrears. The Landlord also wished to withdraw their claim for a bond refund if a termination was not granted.
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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. The Landlord wanted to give the Tenants one more opportunity to prove they would pay rent on time rather than terminate the tenancy. The Tenants were not present to argue why a conditional termination should be granted in their favour. The rent summary indicated the Tenants were constantly in rent arrears.
5. For these reasons I have declined a conditional termination.
6. It is noted that the Landlord has submitted they will make a further application for termination if the current rent arrears is not paid and increases.
7. As [COMPANY] - As Agent For [NAME] has substantially succeeded with the claim the Tenants shall reimburse the filing fee.
A [NAME]
15 February 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 applied for rent arrears that were at least 21 days overdue.
- The tenants were absent and did not provide any arguments against paying the arrears.
- The landlord provided evidence showing the tenants were consistently in rent arrears.
❌ Tends to be rejected
- The landlord requested a conditional termination but was denied due to the tenants' history of arrears.
- The tenants did not attend the hearing to contest the claim for rent arrears.
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 arrears and declined a conditional termination.
What was the dispute about?
The dispute was about the tenant's failure to pay rent on time, resulting in arrears.
How did the court decide, and why?
The court decided to order the tenant to pay rent arrears and declined a conditional termination because the tenant had a history of constant arrears.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The most important argument was the tenant's history of constant arrears.
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 pay rent on time to avoid such orders.
What evidence or documents mattered?
The evidence included the history of rent arrears and the landlord's application for termination.