Tenant Ordered to Pay Rent Arrears and Debt to Avoid Termination
📌 In brief
The Tenancy Tribunal ordered a tenant to pay rent arrears and a debt to avoid termination of their tenancy. The tenant agreed to pay the debt within the specified period to maintain their lease.
⚖️ Legal holding
A tenant is required to pay rent arrears and a debt to avoid termination of the tenancy.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days late when the landlord applies, or if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent/other occupants.
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 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 tenant to pay rent arrears and a debt.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order and ordered the tenant to pay rent arrears and a debt. The tenant agreed to pay the debt within the specified period to avoid immediate termination of the tenancy.
📚 Full judgment Official document
__________________________________________________________________________________ 5206231 1
[2025] NZTT 5206231
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] As Agent For [NAME] $960.35 (“the debt”), calculated as below:
Description Landlord Tenant Rent arrears up to 3/04/2025 $870.00 Water rates $63.35 Filing fee reimbursement $27.00 Total award $960.35
2. [NAME] and [NAME] must pay rent and the debt as follows:
a. One payment of $1,840.35, being $880.00 for rent and $960.35 for the debt before 5:00pm on Friday 4 April 2025.
3. Payments will be allocated in the following order: rent, rent arrears, water rates, and the filing fee.
__________________________________________________________________________________ 5206231 2
4. If the tenants fail to pay rent, rent arrears and water rates within 1 working day of the due date in order 2:
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.
5. If the tenants fail to pay the filing fee within 1 working day of the due date, the filing fee will be payable immediately.
6. Weekly rent in advance of $880.00 is payable every Friday starting from 11 April 2025.
Reasons:
1. The landlord’s representative and [NAME] (on behalf of all tenants) attended the hearing held remotely today.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenants want 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 (RTA).
4. After discussion and assurances from the tenants, I am satisfied they 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 on this occasion.
5. Payment of the debt of $960.35 and for weekly rent of $880.00 must be made before 5:00pm tomorrow, Friday 4 April 2025.
6. The total due is $1,840.35. This will pay rent up to the end of the rent week which is Thursday 10 April 2025.
7. If this payment is more than one working day late, the tenancy will terminate immediately on this order.
8. 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.
__________________________________________________________________________________ 5206231 3
9. Weekly rent of $880.00 is then payable again next Friday 11 April 2025 which will pay rent up to Thursday 17 April 2025, and every Friday after that.
Other amounts
10. The landlord has provided an invoice for “excess water” charged by the local council for water usage at the address over the allocated free usage. This is payable by the tenants as they have used the water, and it is metered. See s39 RTA.
11. The landlord has succeeded with the claims, so is awarded the filing fee.
12. The landlord does not seek suppression of name and the tenants are not entitled to it as the claim has been proven.
N [NAME] 03 April 2025
__________________________________________________________________________________ 5206231 4
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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord proved that the tenants owed $870 for rent arrears.
- The landlord was awarded the filing fee because their claims were successful.
- The tenants assured the tribunal they would pay the debt, making a conditional termination order appropriate.
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 avoid termination of the tenancy.
What was the dispute about?
The dispute was about whether the tenant owed rent arrears and a debt to the landlord, and whether the tenancy should be terminated.
How did the court decide, and why?
The court decided to grant a conditional termination order, allowing the tenant to avoid immediate termination if they paid the debt within the specified period.
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 assurance from the tenant that they would pay the debt within the specified period.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case, as they were ordered to pay rent arrears and a debt.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they pay rent arrears and any debts to avoid termination of their tenancy.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.