Tenant Ordered to Pay Rent Arrears and Debt
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and a debt to the landlord. The order includes a payment plan and conditions for termination of the tenancy if the tenant fails to comply.
⚖️ Legal holding
A tenant is required to pay rent arrears and a debt to the landlord under the Residential Tenancies Act 1986.
📖 What the law says
This rule says that a landlord can ask the Tenancy Tribunal to end a tenancy if the rent is at least 21 days late, or if the tenant has caused or threatened significant damage to the property, or if the tenant has assaulted or threatened the landlord or their family/agent/other occupants.
This rule explains that if a tenancy ends, the Tenancy Tribunal must issue an order giving possession of the property to the person who is entitled to it. It also states that 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 Tenancy Tribunal ordered the tenant to pay rent arrears and a debt to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and a debt to the landlord, emphasising compliance with the Residential Tenancies Act 1986. The order includes conditional termination of the tenancy if the tenant fails to comply with the payment schedule.
📚 Full judgment Official document
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[2025] NZTT 5223731
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
2. [NAME] owes [The landlord/s] $4,507.09 (“the debt”) as shown in the table below.
Description Landlord Tenant Rent and arrears to rent week ending 1 June 2025 $4,480.09 Filing fee reimbursement $27.00 Total award $4,507.09
Total payable by Tenant to Landlord $4,507.09
3. [NAME] must pay rent and the debt as follows:
a. By 20 weekly payments of $920.00, being $870.00 for rent and $50.00 for the debt.
b. A final payment of $897.09, being $870.00 for rent and $27.09 for the debt.
c. Payments will be every Wednesday, with the first payment on 04/06/2025 and continuing until 22/10/2025.
4. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
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5. If the tenant fails to pay rent and rent arrears within 2 working days of the due dates:
a. The tenancy at [Tenancy address suppressed] 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.
Reasons:
1. The landlord attended the hearing which was held by videoconference. The tenant did not attend and was unable to be contacted on the number specified in the Notice of Hearing, which was duly served.
2. The landlord has applied for conditional termination of the tenancy on the terms set out in this Order.
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 is entitled to a termination Order and the grounds for instead making a conditional termination Order on these terms, are established.
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 succeeded with the claim I must reimburse the filing fee.
B King 30 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 showed that rent was at least 21 days in arrears.
- The landlord attended the hearing and provided necessary documentation.
- The tenant did not attend the hearing and could not be contacted.
❌ Tends to be rejected
- The tenant did not provide any defense or explanation for the arrears.
- The tenant did not request a rehearing or appeal the decision.
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 a debt to the landlord.
What was the dispute about?
The dispute was about the tenant owing rent arrears and a debt to the landlord.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and the debt to the landlord, citing the Residential Tenancies Act 1986.
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 obligation to pay rent arrears and a debt under the Residential Tenancies Act 1986.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they comply with their rental agreements and pay any outstanding debts to avoid legal action.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.