Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages to the landlord. The tenant failed to appear at the hearing, and the breach was not remedied within the required period.
⚖️ Legal holding
A tenant must pay rent arrears and damages to the landlord under a conditional termination order.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if one party has broken the tenancy agreement or the Act. For breaches that can be fixed, the party who complained must have given the other party at least 10 working days' notice to fix the problem, and the problem was not fixed within that time.
This rule outlines the types of orders the Tenancy Tribunal can make. These include declaring rights or obligations, ordering a party to give possession of premises to another, or ordering a party to pay money.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages, subject to a conditional termination order.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages to the landlord, subject to a conditional termination order. The tenant failed to appear at the hearing, and the breach was not remedied within the required period.
📚 Full judgment Official document
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[2025] NZTT 5193051
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] $1,888.65 (“the debt”) as set out in table below.
Description Landlord Tenant Rent arrears to 4 June 2025 $1,030.65 Repairs to windows $257.00 Lawns and Garden work $601.00 Total award $1,888.65 Total payable by Tenant to Landlord $1,888.65
2. [NAME] and [NAME] must pay rent and the debt as follows:
a. By 12 weekly payments of $377.00, being $227.00 for rent and $150.00 for the debt.
b. A final payment of $315.65, being $227.00 for rent and $88.65 for the debt.
c. Payments will be every Thursday, with the first payment on 05/06/2025 and continuing until 28/08/2025.
3. Payments will be allocated in the following order: rent, rent arrears, and damages.
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4. If the tenant fails to pay rent and the debt 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.
Reasons:
1. Only the landlord attended the hearing. Calls to the tenants went unanswered.
2. The landlord has applied for termination of the tenancy, rent arrears and damages.
3. Despite the tenant failing to appear at the hearing, the landlord is prepared to allow the tenant to repay the debt owing to avoid immediate termination.
Should a conditional termination order be made?
4. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate.
5. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
6. The tenant breached their obligations by failing to keep the premises reasonably clean and tidy and failing to pay rent when they are due.
7. The landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy given the extend of the rent arrears and damages proved.
8. The current rent is $227.00 and the debt in respect of damages and rent arrears is $1,888.65, which is more than 8 weeks’ rent.
9. Having found that it would be inequitable to refuse to terminate the tenancy, I accede to the landlord’s request for a conditional termination order to allow the tenant an opportunity to repay the debt. See section 78(3) Residential Tenancies Act 1986.
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10. The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
J Tam
29 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 landlord provided proof of rent arrears and damages.
- The tenant failed to attend the hearing and respond to calls.
- The landlord served a 14-day notice to remedy the breach, which was not addressed.
- The extent of the rent arrears and damages was more than 8 weeks' rent.
❌ Tends to be rejected
- The tenant did not provide any defense or explanation for the breach.
- The tenant did not show up to the hearing despite being notified.
- The tenant did not remedy the breaches after receiving the notice from the landlord.
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 arrears and damages to the landlord, subject to a conditional termination order.
What was the dispute about?
The dispute was about the tenant's failure to pay rent and damages, leading to rent arrears.
How did the court decide, and why?
The court decided to order the tenant to pay the debt, as the tenant failed to appear at the hearing and the breach was not remedied within the required period.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 56(1) and 78(3) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant failed to remedy the breach within the required period, making it inequitable to refuse termination.
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 remedy any breaches within the required period to avoid termination of their tenancy.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.