Tenant Ordered to Pay Rent Arrears and Filing Fee
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay back rent and a filing fee to the landlord after failing to make timely rent payments. The Tribunal allowed the tenant to continue living at the premises under a conditional termination order, requiring regular payments to avoid eviction.
⚖️ Legal holding
A tenant is obligated to pay rent arrears and a filing fee when they fail to meet their rental obligations.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if one party has broken the tenancy agreement or the Act. If the problem can be fixed, the party who complained must have given the other party at least 10 working days' notice to fix it, and they failed to do so.
This section outlines the types of orders the Tenancy Tribunal can make. These include declaring rights or obligations, ordering a party to give possession of premises to another, or ordering a party to pay money.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal granted a conditional termination order and awarded the landlord rent arrears and a filing fee reimbursement.
📜 Headnote Official document
The Tenancy Tribunal ordered a tenant to pay rent arrears and a filing fee to the landlord after the tenant failed to pay rent as required under the tenancy agreement. The Tribunal granted a conditional termination order to allow the tenant to continue residing at the premises while paying the debt.
📚 Full judgment Official document
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[2025] NZTT 5215771
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. The Tribunal orders suppression of the parties’ names and identifying details.
2. [The tenant/s] owes [The landlord/s] $2,147.00 (“the debt”) as set out in the table below
Description Landlord Tenant Rent and arrears to rent week ending 5 June 2025 $2,120.00 Filing fee reimbursement $27.00 Total award $2,147.00 Total payable by Tenant to Landlord $2,147.00
3. [The tenant/s] must pay rent and the debt as follows:
a. By 42 weekly payments of $770.00, being $720.00 for rent and $50.00 for the debt.
b. A final payment of $767.00, being $720.00 for rent and $47.00 for the debt.
c. Payments will be every Wednesday, with the first payment on 04/06/2025 and continuing until 25/03/2026.
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:
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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. Both parties attended the hearing which was held remotely.
2. [The tenant’s former partner] is also a named tenant on the tenancy agreement. Both parties agree that the Order should just be between them as [NAME] is no longer living at the premises and the process to have the tenancy transferred to the tenant’s sole name is underway.
3. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
Should a conditional termination order be made?
4. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
5. The tenant breached their obligations by failing to pay rent when due. On 23 April 2025 the landlord served a 14 day notice to remedy which was not complied with in the required period. Given a number of issues with rent being paid on time it would be inequitable to refuse to terminate the tenancy
6. The parties have agreed to the terms for a conditional termination Order which I am satisfied is appropriate. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
7. The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
8. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
9. Because [The applicant/s] has succeeded with the claim I must reimburse the filing fee.
[NAME]
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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 tenant was ordered to pay rent arrears because the landlord provided records proving the amount owed.
- The landlord was reimbursed the filing fee because they succeeded with their claim.
- A conditional termination order was made because the tenant failed to pay rent when due and did not comply with a 14-day notice to remedy.
- It was considered fair to terminate the tenancy due to multiple issues with rent being paid on time.
- The conditional termination order was deemed appropriate because both parties agreed to its terms.
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 to the landlord.
What was the dispute about?
The dispute was about the tenant's failure to pay rent on time, leading to rent arrears and the need to reimburse the landlord's filing fee.
How did the court decide, and why?
The court decided to grant a conditional termination order, allowing the tenant to continue living at the premises while making regular payments to avoid eviction.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 56(1) and 78(3), were applied.
What was the argument that mattered most?
The most important argument was that the tenant had repeatedly failed to pay rent on time, making it inequitable to refuse 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 to recover rent arrears and the filing fee.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they make timely rent payments to avoid rent arrears and potential eviction.
What evidence or documents mattered?
The evidence included rent records proving the amount owing and a 14-day notice to remedy the breach, which was not complied with.