Tenant Ordered to Pay Rent Arrears and Filing Fee to Avoid Eviction
📌 In brief
The Tenancy Tribunal ordered a tenant to pay rent arrears and a filing fee to the landlord. The tenant must make weekly payments for rent and a lump sum for the filing fee by a specific deadline. Failure to comply could lead to eviction and immediate payment of the remaining debt.
⚖️ Legal holding
A tenant is required to pay rent arrears and a filing fee under a conditional termination order.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies. It also covers situations where the tenant has caused significant damage or threatened the landlord or others.
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. An order from the Tribunal ending a tenancy, such as for unpaid rent, 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
Conditional termination order granted for a tenant owing rent arrears and a filing fee.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order requiring the tenant to pay rent arrears and a filing fee to the landlord. The order specifies weekly payments for rent and a lump sum for the filing fee by a set deadline, with consequences for non-compliance including immediate eviction and payment of the outstanding debt.
📚 Full judgment Official document
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[2025] NZTT 5121472
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. [The tenant/s] owes [The landlord/s] $2,387.00 (“the debt”) in accordance with the following table:
Description Landlord Tenant Rent arrears to 27/2/25 $2,360.00 Filing fee reimbursement $27.00 Total award $2,387.00
2. [The tenant/s] must pay rent and the debt as follows:
a. By weekly payments of $0.00, for rent.
b. Payments for rent are to be every Friday, with the first payment today, 28 February 2025.
c. A payment of $0.00 for the debt no later than Friday 14 March 2025.
3. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
4. If [The tenant/s] fail 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.
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.
6. As this order is made by consent the Tribunal directs that all party identifying details be suppressed from the published order.
Reasons:
1. Both parties attended the hearing. [redacted] represented the tenants.
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.
Should a conditional termination order be made?
3. Where rent is at least 21 days in arrears on the date of hearing, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
4. Having heard the evidence, 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. Accordingly, by consent I have granted a conditional termination order.
5. To be clear:
a. The full arrears debt of $2,360 must be paid no later than Friday 14 March.
b. Rent must be paid in accordance with the tenancy agreement, which is currently $620 each Friday, commencing today.
6. The conditional termination order will lapse if it is fully complied with on 14 March 2025. 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] has wholly succeeded with the claim I must reimburse the filing fee.
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8. Because this order is made by consent, I suppress all party identifying details however the tenants may provide this order to [NAME] to assist them in making arrangements to pay the debt.
[NAME] 28 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 [NAME] 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 termination, rent arrears, and bond refund was successful.
- The tenant agreed to repay the debt to prevent immediate termination of the tenancy.
- The Tribunal was satisfied that the tenant would pay the debt and was unlikely to breach the agreement again.
- A conditional termination order was granted because rent was at least 21 days in arrears.
- The landlord was reimbursed the filing fee because their claim was wholly successful.
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 owing rent arrears and the landlord seeking termination of the tenancy.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant agreed to pay the debt and the landlord accepted the arrangement.
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 willingness to pay the debt to avoid immediate termination of the tenancy.
Was the decision for or against the person who brought the case?
The decision was for the landlord, as the tenant agreed to pay the debt.
What does this mean for someone in a similar situation?
Someone in a similar situation should consider agreeing to pay rent arrears to avoid eviction.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.