Tenant ordered to pay rent arrears and filing fee
📌 In brief
The Tenancy Tribunal ordered a tenant to pay rent arrears and a filing fee after the tenant failed to pay rent for over 21 days. The order includes a conditional termination clause which will terminate if the tenant breaches the agreement.
⚖️ Legal holding
A tenant is required to pay rent arrears and a filing fee when they are in arrears for at least 21 days.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the tenant is at least 21 days behind on rent when the landlord applies to the Tribunal. It also covers situations where a tenant causes significant damage or assaults the landlord or their family.
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. It also clarifies that 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 filing fee.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order and ordered the tenant to pay rent arrears and a filing fee after the tenant failed to pay rent for over 21 days. The order will terminate if the tenant breaches the agreement.
📚 Full judgment Official document
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[2025] NZTT 5141088
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] $5,807.00 (“the debt”):
Description Landlord Tenant Rent arrears to 3 April 2025 $5,780.00 Filing fee reimbursement $27.00 Total award $5,807.00 Total payable by Tenant to Landlord $5,807.00
2. [NAME] and [NAME] must pay rent and the debt as follows:
a. By 19 weekly payments of $940.00, being $640.00 for rent and $300.00 for the debt.
b. A final payment of $747.00, being $640.00 for rent and $107.00 for the debt.
c. Payments will be every Friday, with the first payment on 04/04/2025 and continuing until 15/08/2025.
3. Payments will be allocated in the following order: rent, the debt.
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4. If the tenant fails to pay rent and the debt within 2 working days of the due dates:
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.
Reasons:
1. Both parties attended the hearing.
2. 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.
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.
4. 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.
5. 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.
6. There was a previous order for rental arrears issued by the Tribunal on 20 January 2025. The previous order has not been enforced, and this order replaces the order dated 20 January 2025.
7. [COMPANY] as agent for [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
R Harvey-Lane 31 March 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 landlord's claim for rent arrears was successful, totaling $5,780.00.
- The landlord was reimbursed for the filing fee.
- The tenant was required to pay the debt through weekly payments.
- The Tribunal was satisfied the tenant would pay the debt and avoid further breaches.
- The landlord wholly succeeded with the claim, leading to reimbursement of the filing fee.
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, and granted a conditional termination order.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears for over 21 days.
How did the court decide, and why?
The court decided to grant a conditional termination order and ordered the tenant to pay rent arrears and a filing fee, as the tenant had failed to pay rent for over 21 days.
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 that the tenant had failed to pay rent arrears for over 21 days.
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 pay their rent arrears in a timely manner to avoid termination of their tenancy.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.