Tenant Ordered to Pay Rent Arrears and Debt to Maintain Tenancy
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and a debt to the landlord. The tenant must make regular payments to avoid termination of the tenancy.
⚖️ Legal holding
A tenant must pay rent arrears and a debt to the landlord under a conditional order to maintain 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. It also applies if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or related individuals.
This rule states that if a tenancy ends, the Tribunal must issue an order giving possession of the property to the person who is entitled to it. An order from the Tribunal to end 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, with conditions for continued tenancy.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and a debt to the landlord, with conditions for continued tenancy. The order was made based on the tenant's payment history and the landlord's application for termination of the tenancy.
📚 Full judgment Official document
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[2026] NZTT 5444889
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The applicants details are suppressed.
2. [NAME] owes [The landlord/s] $4,428.00 (“the debt”) calculated as shown in the table below.
Description Landlord Tenant Rent arrears to 17/06/2026 $4,400.00 Filing fee reimbursement $28.00 Total award $4,428.00 Total payable by Tenant to Landlord $4,428.00
3. [NAME] must pay [The landlord/s] $480.00 on Wednesday 17 June 2026 and on Wednesday every week thereafter being $380.00 towards current rent and $100.00 towards the debt in order 2 until the debt is paid in full.
4. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
5. If the tenant fails to pay rent and rent arrears within 2 working days of the due dates:
a. The tenancy at Unit/Flat [ADDRESS], [POSTCODE] will terminate and the landlord will have immediate possession of the premises.
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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 applicant attended the hearing. The respondent did not.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. They tell me the respondent has been making extra payments and they are happy to continue the tenancy if the extra payments continue and they have the security of a conditional order.
3. In support of their application the landlord has provided rent records showing the amounts owing. I am satisfied these records are correct.
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. Usually, the respondent must be present for the tribunal to make a conditional order so that it can satisfy itself of the sustainability of the arrangement. However in this case that can be inferred from the respondents payment history. This inference is to the advantage of the respondent and places the onus on them. If they default, their tenancy will be terminated and the balance will be due immediately.
6. 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.
7. Because [The applicant/s] have succeeded with their claim I have reimbursed the filing fee and granted their application for suppression..
[NAME] 16 June 2026
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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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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 rent records that satisfied the Tribunal about the amounts owed.
- The tenant's rent was at least 21 days in arrears when the application was filed, requiring a termination order.
- The Tribunal inferred the sustainability of the payment arrangement from the tenant's payment history, despite the tenant's absence.
- The landlord succeeded with their claim, so the filing fee was reimbursed and their application for suppression was granted.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision ordered the tenant to pay rent arrears and a debt to the landlord, with conditions for continued tenancy.
What was the dispute about?
The dispute was about the tenant's unpaid rent arrears and a debt owed to the landlord.
How did the court decide, and why?
The court decided to order the tenant to pay the debt and rent arrears under a conditional order, based on the tenant's payment history and the landlord's application for termination of the tenancy.
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 tenant's payment history and the landlord's application for termination of the tenancy.
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 meet their rental obligations to avoid termination of their tenancy.
What evidence or documents mattered?
The rent records showing the amounts owing were the key evidence used in the decision.