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 agreed to the debt and had a repayment plan in place.
⚖️ Legal holding
A tenant is required to pay rent arrears and a filing fee under a conditional termination order if they owe the money and have a repayment plan.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent is at least 21 days overdue when the application was made. It also applies if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or related individuals.
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 requiring the tenant to pay rent arrears and a filing fee. The tenant acknowledged owing the money and had arranged for payment. The order included specific payment plans and consequences for non-compliance.
📚 Full judgment Official document
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[2025] NZTT 5124133
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] For [NAME] $2,437.00 (“the debt”) as set out in the table:
Description Landlord Tenant Rent arrears to 5 March 2025 $2,410.00 Filing fee reimbursement $27.00 Total award $2,437.00 Total payable by Tenant to Landlord $2,437.00
2. [NAME] must pay rent and the debt as follows:
a. By payments of $520 for rent with the next payment on or before Thursday 6 March 2025 and Thursday 13 March 2025.
b. By a lump sum payment of the debt on or before Friday 14 March 2025.
AND/OR
c. By weekly payments of $620.00, being $520.00 for rent and $100.00 for the debt.
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d. Payments will be every Thursday, with the first payment on 20 March 2025 and continuing until the debt is paid in full.
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 Unit/[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 conditional termination order will lapse if it is fully complied with.
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for termination of the tenancy and rent arrears. 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. The tenant agreed she owes the money. She wants to stay in the house. She has made arrangements for the money to be paid. 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 tenant is waiting for confirmation that she will receive a lump sum. She should know this by 14 March 2025. If the lump sum is not available, or it is not available in full, the parties have agreed on a back up payment plan.
6. The parties have agreed that the tenant can pay a lump sum AFTER 14 March 2024 if she receives the money later than anticipated.
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7. 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.
8. Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.
K Koller
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 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 agreed that she owed the money for rent arrears and the filing fee.
- The tenant expressed a desire to remain in the house.
- The tenant had made arrangements to pay 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 fully succeeded with the claim, which required 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 whether the tenant owed rent arrears and a filing fee to the landlord.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant acknowledged owing the money and had a repayment plan.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a) and 55(1A) were applied.
What was the argument that mattered most?
The most important argument was that the tenant agreed to the debt and had a repayment plan.
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 have a repayment plan if they want to avoid immediate termination of their tenancy.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.