Tenant Ordered to Pay Rent Arrears Fortnightly
📌 In brief
The Tenancy Tribunal ordered a tenant to make fortnightly payments to clear rent arrears, with immediate termination if payments are missed. This decision was made by agreement between the parties involved.
⚖️ Legal holding
A tenant must make timely payments to avoid immediate termination of the tenancy.
📖 Technical summary
The Tenancy Tribunal ordered the respondent to make fortnightly payments to clear rent arrears, with immediate termination if payments are missed.
📜 Headnote Official document
The Tenancy Tribunal ordered the respondent to make fortnightly payments to clear rent arrears, with immediate termination if payments are missed. The order was made by agreement and applies under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5227072
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
[NAME]
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER BY CONSENT
1. The names and identifying details of the tenants are suppressed.
2. The rent was more than 21 days in arrears on the date this application was received by the office of the Tenancy Tribunal.
3. As at 5 June 2025, the total debt owing will be $1226.85 for rent arrears up to and including 5 June.
4. [The tenants] agree to pay [COMPANY] the debt by fortnightly payments of $760 being $690 a fortnight towards current rent and $70.00 a fortnight for rent arrears.
5. These payments will begin on Thursday 5 June 2025 and will continue to be paid fortnightly until the rent arrears are paid in full.
6. All money will go first to current rent and then to rent arrears.
7. If any payment of the current rent, or rent arrears, is not paid within two working days of the due date as indicated in order 4. above:
a. the tenancy shall terminate immediately;
b. vacant possession shall be granted to [COMPANY]
c. any remaining debt will become due and payable in full immediately;
8. Order 7. applies until the debt is paid in full.
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9. Section 64(4)(b) of the Residential Tenancies Act 1986 applies to this order. To enforce termination of the tenancy, the applicant must apply to the Collections Unit at the District Court for the enforcement within 90 days of the first breach of this agreement.
Reasons:
1. The parties attended the hearing which was conducted by phone.
2. The parties agree that although at the date the application was filed, the tenants were more than 21 days in arrears, the tenants have reduced that down to $634.00 as at 26 May 2025. Another rent payment is due today and will take the amount owing to $979.00.
3. The parties agreed to a conditional order that includes the weekly rent of $345 plus a further $35 to clear the arrears.
4. It transpired that [[NAME]] is paid fortnightly on a Thursday and his next payday is next Thursday 5 June. Therefore by that date the arrears owing will be $1,226.85. The tenants agree to may fortnightly payments of $760, being $690.00 for current rent and $70.00 for rent arrears.
5. The conditional termination order will lapse if it is fully complied with. If the [NAME] 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. Because this order has been made by agreement, I have treated it as a mediated order and it will not be published.
7. There is an order for suppression of the names of the tenants.
.
T Baker 27 May 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 [NAME] 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 application was accepted because the rent was more than 21 days overdue when the application was filed.
- The tenants agreed to pay the outstanding debt through fortnightly payments.
- The tenants agreed that if any payment was missed by two working days, the tenancy would end immediately.
- The tenants' names were suppressed from the public record.
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 make fortnightly payments to clear rent arrears, with immediate termination if payments are missed.
What was the dispute about?
The dispute was about clearing rent arrears through regular payments to avoid termination of the tenancy.
How did the court decide, and why?
The court decided by ordering fortnightly payments to clear arrears, ensuring compliance with the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 54, was applied.
What was the argument that mattered most?
The argument that mattered most was the need to ensure timely payment of rent to maintain 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 make regular payments to clear the arrears.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they make regular payments to avoid termination of their tenancy.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.