Tenant ordered to pay rent arrears and filing fee under conditional termination order
📌 In brief
The Tenancy Tribunal ordered a tenant to pay rent arrears and a filing fee under a conditional termination order. The tenant did not attend the hearing, and the landlord requested the order. The Tribunal granted the request, allowing the tenant to avoid eviction if they comply with the order.
⚖️ Legal holding
A tenant is required to pay rent arrears and a debt under a conditional termination order, as provided by the Residential Tenancies Act 1986, s 54, to avoid termination of the tenancy.
📖 What the law says
This section 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 causes significant damage or assaults the landlord or their family/agent.
This section states that if a tenancy ends, the Tribunal must issue an order giving possession of the property to the person who is entitled to it. It also clarifies that an order to end a tenancy under certain other sections, including section 55, 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 Tribunal granted a conditional termination order requiring the tenant to pay a debt of $3,380.92 over 112 weekly installments.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order requiring the tenant to pay rent arrears and a filing fee. The tenant failed to attend the hearing, and the landlord requested the order. The Tribunal agreed to grant the conditional termination order, which will lapse if fully complied with.
📚 Full judgment Official document
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[2026] NZTT 5469879
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] $3,380.92 (“the debt”), as shown in the table below:
Description Landlord Rent arrears $3,352.92 Filing fee reimbursement $28.00 Total award $3,380.92 Total payable by Tenant to Landlord $3,380.92
2. [NAME] must pay rent and the debt as follows:
a. A payment of current weekly rent of $550 on Wednesday, 17 June 2026.
b. By 112 weekly payments of $580.00, being $550.00 for rent and $30.00 for the debt.
c. A final payment of $570.92, being $550.00 for rent and $20.92 for the debt.
d. Payments will be every Wednesday, with the first payment on 24/06/2026 and continuing until 16/08/2028.
3. Payments will be allocated in the following order: current 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 [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. A representative of the landlord attended the hearing.
2. The tenant did not attend. I called his mobile phone twice during the hearing and the calls went straight to voice mail.
3. The landlord has applied for termination of the tenancy and rent arrears but asked the Tribunal to make a conditional termination order.
Should a conditional termination order be made?
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. I have granted a conditional termination order as requested by the landlord.
6. 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.
R Morgan
16 June 2026
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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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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 showed that rent was at least 21 days in arrears.
- The landlord requested a conditional termination order which the tribunal granted.
- The tenant did not attend the hearing nor respond to the calls.
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 $3,380.92 in rent arrears and filing fees over 112 weeks under a conditional termination order.
What was the dispute about?
The dispute was about the tenant owing $3,380.92 in rent arrears and filing fees.
How did the court decide, and why?
The court decided to grant a conditional termination order because the rent was at least 21 days in arrears when the application was filed.
Which laws or rules were applied?
Sections 55(1)(a) and (1A) of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The argument that mattered most was that the rent was at least 21 days in arrears when the application was filed.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they comply with their rental obligations to avoid termination orders.
What evidence or documents mattered?
The evidence included the rent arrears and the filing fee reimbursement.