Tenant Ordered to Pay Rent Arrears and Avoid Eviction
📌 In brief
The Tenancy Tribunal ordered a tenant to pay rent arrears, water rates, and a filing fee by a specific deadline or face eviction. The tenant argued they had made arrangements to pay the debt but was still granted a conditional termination order.
⚖️ Legal holding
A tenant is required to pay rent arrears, water rates, and a filing fee within a specified timeframe to avoid eviction.
📖 What the law says
This rule says that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent was at least 21 days overdue when the application was made. It also applies if the tenant caused or threatened serious damage, or 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, such as for unpaid rent, 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 ordered the tenant to pay rent arrears, water rates, and a filing fee by a specific deadline or face eviction.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, and a filing fee by a specific deadline or face eviction. The tenant claimed to have made arrangements to pay the debt but was granted a conditional termination order.
📚 Full judgment Official document
__________________________________________________________________________________ 5119148 1
[2025] NZTT 5119148
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] $4,072.53 (“the debt”) being:
a. Rent arrears to 8 March 2025 of $3,480.00.
b. Water rates of $565.53.
c. Reimbursement of the filing fee of $27.00
2. [NAME] and [NAME] must the debt in one lump sum no later than 5 pm Monday 10 March 2025.
3. If the tenant fails to pay the debt in full by that date and time:
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.
4. If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
__________________________________________________________________________________ 5119148 2
Reasons:
1. Both parties attended the hearing by telephone.
2. The landlord has applied for termination of the tenancy, rent arrears, water rates 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. The tenant claimed that she had made arrangements for the debt to be paid today. I am satisfied the tenant be given an opportunity to pay the debt within the period specified in the order. 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. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
07 March 2025
__________________________________________________________________________________ 5119148 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/
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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's claim for rent arrears was accepted by the Tribunal.
- The landlord's claim for water rates was accepted by the Tribunal.
- The landlord's claim for reimbursement of the filing fee was accepted.
- The Tribunal must issue a termination order because the rent was more than 21 days in arrears when the application was filed.
- The tenant was given an opportunity to pay the debt to avoid immediate termination.
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, water rates, and a filing fee by a specific deadline or face eviction.
What was the dispute about?
The dispute was about the tenant 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, giving the tenant an opportunity to pay the debt within the specified period.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a) and (1A), and 64(4)(b) were applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's claim that they had made arrangements to pay the debt.
Was the decision for or against the person who brought the case?
The decision was against the tenant 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 to avoid eviction.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.