Tenant Ordered to Pay Rent Arrears and Filing Fee
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and a filing fee, subject to a conditional termination order if rent remains in arrears beyond 21 days. The tenant had been consistently paying rent and arrears, except for one missed payment.
⚖️ Legal holding
A tenant must pay rent arrears and a filing fee under a conditional termination order if rent remains in arrears beyond 21 days.
📖 What the law says
This rule states that if a tenancy has ended, the Tenancy Tribunal must generally issue an order giving possession of the property to the person who is entitled to it. However, such an order cannot be made more than 3 months after the tenancy ended.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and a filing fee, subject to a conditional termination order.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and a filing fee, subject to a conditional termination order if rent remains in arrears beyond 21 days. The tenant had been consistently paying rent and arrears, except for one missed payment.
📚 Full judgment Official document
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[2025] NZTT 5235671
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] owes [COMPANY] $1,624.43 (“the debt”), calculated as shown in the table below.
Description Landlord Tenant Rent arrears to 4 June 2025 $1,597.43 Filing fee reimbursement $27.00 Total award $1,624.43 Total payable by Tenant to Landlord $1,624.43
2. [NAME] and [NAME] must pay rent and the debt as follows:
a. By 40 weekly payments of $234.00, being $194.00 for rent and $40.00 for the debt.
b. A final payment of $218.43, being $194.00 for rent and $24.43 for the debt.
c. Payments will be every Thursday, with the first payment on 05/06/2025 and continuing until 12/03/2026.
3. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
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4. 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.
b. The balance of the debt will be payable immediately.
5. 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. [NAME] attended the hearing on behalf of the tenant. [NAME] did not attend.
2. The landlord has applied for termination of the tenancy and rent arrears.
3. As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.
TERMINATION
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. The landlord filed their application on 14 April 2025. Rent arrears were $1,822.00 (65 days) on this date.
6. The tenant gave evidence that they have been paying their rent and arrears pursuant to an agreed payment plan with the landlord. The tenant claims they have been consistently paying the landlord $194.00 in rent and $40.00 towards the arrears each week. These payments are redirected from the tenant’s benefit.
7. The tenant gave evidence that on 27 February 2025, only $117.00 was redirected from their benefit and paid to the landlord. The tenant claims this was because [NAME] left the country to attend a family funeral overseas and his benefit was momentarily stopped as a result. The tenant gave evidence that weekly payments of $234.00 were immediately reinstated upon his return and the rent summary reflects this.
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8. The tenant claims it is unreasonable that the landlord has filed an application with the Tribunal seeking termination in circumstances where the tenant has been consistently paying their rent and arrears for a long period of time, with the exception of the one missed payment on 27 February 2025.
9. Whether or not the landlord’s decision to file an application for termination with the Tribunal is reasonable or not, is not something the Tribunal can consider. The landlord’s application was filed on 14 April 2025 and rent was more than 21 days in arrears on this date. In these circumstances, the RTA is clear that the Tribunal must make either a final or conditional order for termination if that is what the landlord seeks.
10. In the circumstances of this case, I consider it appropriate to make a conditional termination order. The rent summary shows that the tenant has consistently been paying their rent and the arrears for a relatively lengthy period of time. The rent arrears have decreased from $1,822.00 on the date the landlord filed their application to $1,597.43 as at the date of the hearing. The tenant’s payment of rent and arrears is redirected from their benefit, which provides further assurance that payments will continue to be made to the landlord on time. For all of these reasons, I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
11. The tenant requested that the additional payment towards the arrears be reduced from $40.00 per week to $20.00 per week. The landlord opposed this on the basis that the tenant has consistently been making additional payment of $40.00 per week towards the arrears. The landlord expressed concern regarding the length of time it would take to repay the arrears at only $20.00 per week.
12. The rent summary shows that the tenant has consistently been paying an additional $40.00 towards the arrears. I consider it appropriate to keep repayments at this level.
13. 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.
RENT ARREARS
14. The landlord has applied for rent arrears and has provided rent records which prove the tenant owes $1,597.43 in rent up to 4 June 2025. The landlord’s claim for rent arrears is granted in full for this amount.
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FILING FEE
15. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
04 June 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 has been consistently paying rent and arrears over a long period.
- The rent arrears have decreased from the initial amount when the application was filed.
- Payments are redirected from the tenant’s benefit, ensuring timely payments.
❌ Tends to be rejected
- The tenant argued it was unreasonable for the landlord to seek termination despite consistent payments.
- The tenant requested to reduce the additional payment towards the arrears from $40.00 to $20.00 per week.
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 filing fee, subject to a conditional termination order if rent remains in arrears beyond 21 days.
What was the dispute about?
The dispute was about whether the tenant owed rent arrears and a filing fee, and whether the landlord could terminate the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and filing fee, subject to a conditional termination order, because the rent was more than 21 days in arrears when the application was filed.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 54 and 64, were applied.
What was the argument that mattered most?
The argument that mattered most was that the rent was more than 21 days in arrears when the application was filed, requiring a conditional termination order.
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 rent payments are current to avoid termination orders.
What evidence or documents mattered?
The rent records showing the tenant's consistent payments and the one missed payment mattered.