Tenant Ordered to Pay Rent Arrears and Face Eviction
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $14,877 in rent arrears and future rent payments or face eviction. The order includes a conditional termination clause and specifies the consequences of non-compliance.
⚖️ Legal holding
A tenant must pay rent arrears and ongoing rent or face eviction.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and future rent payments under threat of eviction.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $14,877 in rent arrears and future rent payments or face eviction. The order includes a conditional termination clause and specifies the consequences of non-compliance.
📚 Full judgment Official document
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[2025] NZTT 5121193
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] and [COMPANY] $14,877.00 being rent arrears of $14,850.00 for the period ending 18 February 2025 plus the Tribunal application fee of $27.00 (“the debt”).
2. [NAME] must pay debt in full on or before Wednesday 5 March 2025. This payment is in addition to normal weekly rent of $1,350.00. The next payment of normal weekly rent is due on Wednesday 19 February 2025 and payment must continue on or before every Wednesday thereafter.
3. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
4. If [NAME] fails to pay normal weekly rent within 2 working days of the due date(s) or if [NAME] fails to pay the debt in full on or before the due date:
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 tenant fails to pay the filing fee, the filing fee will be payable immediately.
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Reasons:
1. Both parties attended the hearing and agreed to the terms of this order. Ms [NAME] represented the landlord.
2. 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: section 64(4)(b) Residential Tenancies Act 1986.
R Merrett
17 February 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 tenant agreed to the terms of the order during the hearing.
- The landlord and tenant both attended the hearing and confirmed the agreement.
- The tenant acknowledged owing $14,877.00 in rent arrears and the Tribunal application fee.
- The tenant accepted the condition that failure to pay rent would lead to eviction.
- The tenant recognized the importance of paying the filing fee as part of the agreement.
❌ Tends to be rejected
- The tenant's arguments for non-payment were not provided in the text.
- The tenant did not contest the amount owed for rent arrears.
- The tenant did not dispute the terms set by the Tribunal.
- The tenant did not provide any reason for failing to pay the rent arrears.
- The tenant did not offer any alternative solutions or proposals for payment.
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 $14,877 in rent arrears and future rent payments or face eviction.
What was the dispute about?
The dispute was about unpaid rent arrears and the landlord's demand for payment and compliance with rental obligations.
How did the court decide, and why?
The court decided in favour of the landlord, ordering the tenant to pay the arrears and future rent to avoid eviction, based on the evidence presented during the hearing.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 54, was applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's failure to pay the required rent, leading to arrears and the threat of eviction.
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 facing similar consequences.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents used in the decision.