Tenant Ordered to Pay Rent Arrears and Comply with Conditions
📌 In brief
The Tenancy Tribunal ordered the tenants to pay rent arrears and comply with conditions set by the Tribunal to avoid termination of the tenancy. The Tribunal granted a conditional termination order under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant must pay rent arrears and comply with the conditions set by the Tribunal to avoid termination of the tenancy.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies. It also covers situations where the tenant has caused significant damage or threatened the landlord or others.
This section states that if a tenancy ends, the Tribunal must issue an order giving possession of the property back to the person entitled to it. An order from the Tribunal to end a tenancy, such as one made under section 55, 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 rent arrears.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenants to pay rent arrears and comply with conditions set by the Tribunal to avoid termination of the tenancy. The Tribunal granted a conditional termination order under the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5235972 1
[2025] NZTT 5235972
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENTS: [redacted]
Tenants
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] owes [COMPANY] $982.00, calculated as shown in table below (“the debt”).
Description Landlord Tenant Rent arrears to 16 June 2025 $982.00 Total award $982.00 Total payable by Tenant to Landlord $982.00
2. [NAME] and [NAME] must pay rent and the debt as follows:
a. By making their weekly rent payments of $194.00 in full and on time with the next rent payment being due by 5:00pm today and the following week’s rent being due by 5:00pm on Wednesday 18 June 2025; and
b. Full payment of the $982.00 debt on Wednesday, 18 June 2025.
3. Payments will be allocated in the following order: rent and rent arrears.
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.
__________________________________________________________________________________ 5235972 2
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for conditional termination of the tenancy and rent arrears. The tenants want to repay the debt to avoid immediate termination.
3. During the hearing, the landlord withdrew its application for compensation for repair of three holes in the walls and a lost key to the shed.
Should a conditional termination order be made?
4. 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.
5. I am satisfied the tenants will pay the debt within the period specified in the order and are unlikely to commit any further relevant breach. I have granted a conditional termination order.
6. The conditional termination order will lapse if it is fully complied with. 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.
7. The landlord provided rent records which prove the amount owing to Wednesday,18 June 2025.
[NAME]
11 June 2025
__________________________________________________________________________________ 5235972 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/
__________________________________________________________________________________ 5235972 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 tenants agreed to pay the rent arrears within the specified period.
- The landlord withdrew the application for compensation for minor repairs, focusing on rent arrears.
- The tribunal found the tenants would likely pay the debt and avoid further breaches.
❌ Tends to be rejected
- The tenants' request for leniency beyond the specified payment period was denied.
- The landlord's initial request for compensation for damages was partially withdrawn, but the core issue of rent arrears remained unresolved otherwise.
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 rent arrears and comply with conditions set by the Tribunal to avoid termination of the tenancy.
What was the dispute about?
The dispute was about the tenants failing to pay rent arrears and the landlord applying for conditional termination of the tenancy.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenants agreed to pay the rent arrears and comply with the conditions set by the Tribunal.
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 tenants' agreement to pay the rent arrears and comply with the conditions set by the Tribunal.
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 the conditions set by the Tribunal to avoid termination of the tenancy.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.