Tenant ordered to pay rent arrears and filing fee under conditional termination order
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and a filing fee under a conditional termination order. The order includes a structured payment plan and conditions for termination if the tenant fails to comply.
⚖️ Legal holding
A tenant is required to pay rent arrears and a filing fee under a conditional termination order.
📖 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 applies if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened 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. Importantly, an order from the Tribunal to end a tenancy, such as one made under 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 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. The order includes a payment plan and conditions for termination if the tenant fails to comply.
📚 Full judgment Official document
__________________________________________________________________________________ 5119912 1
[2025] NZTT 5119912
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] As Agent For [COMPANY] $3,977.00 (“the debt”) calculated as shown in the table:
Description Landlord Tenant Rent arrears to 7 March 2025 $3,950.00 Filing fee reimbursement $27.00 Total award $3,977.00 Total payable by Tenant to Landlord $3,977.00
2. [NAME] must pay rent and the debt as follows:
a. By a payment of $3000 on Wednesday 5 March 2025 being $1330 for the weekly rent due on 8 March 2025 and $1,670 towards the debt.
b. For the remaining debt of $2,307 by weekly payments of $1,430, being $1,330 for rent and $100 for the debt.
c. Payments will be every Friday, with the first payment on Friday 14 March 2025 and continuing until the debt is paid in full.
__________________________________________________________________________________ 5119912 2
3. Payments will be allocated in the following order: current rent, rent arrears, and the filing fee.
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.
6. The tenant can pay additional amounts at any time.
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.
Should a conditional termination order be made?
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 (RTA).
4. Since the application was filed the tenant has made significant payments towards the rent arrears. She and her partner seem motivated to pay the rest of the debt. They are able to pay rent and some extra each week. 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) RTA.
__________________________________________________________________________________ 5119912 3
6. Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
03 March 2025
__________________________________________________________________________________ 5119912 4
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/
__________________________________________________________________________________ 5119912 5
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 made significant payments towards the rent arrears after the application was filed.
- The tenant and her partner appeared motivated to pay the remaining debt.
- The tenant is able to pay both the weekly rent and an additional amount towards the debt.
- The Tribunal was satisfied that the tenant would pay the debt within the specified period and was unlikely to breach the agreement again.
- The landlord succeeded entirely with the claim, which required the 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 decision ordered the tenant to pay rent arrears and a filing fee under a conditional termination order.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and the landlord's request for termination of the tenancy.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant had made significant payments towards the rent arrears and seemed motivated to continue paying.
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 and ability to pay the rent arrears and the filing fee.
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 terminate the tenancy.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they make regular payments towards their rent arrears to avoid termination of their tenancy.
What evidence or documents mattered?
The evidence included the tenant's previous payments towards the rent arrears and their willingness to continue making payments.