Tenant Ordered to Pay Rent Arrears Over Three Years
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears over a period of three years, allocating payments first to rent and then to arrears. The order was made under section 55(1)(a) and (1A) of the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant must pay rent arrears over a specified period if the rent is at least 21 days in arrears.
📖 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 to the Tribunal. It also covers situations where a tenant has caused significant damage or threatened the landlord or others.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears over a period of three years.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears over a period of three years, allocating payments first to rent and then to arrears. The order was made under section 55(1)(a) and (1A) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5149614
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Te Atatu Peninsula, Auckland 0610
ORDER
1. [NAME] owes [COMPANY] $4,056.00 (“the debt”).
2. [NAME] must pay rent and the debt as follows:
a. By 84 fortnightly payments of $510.00, being $462.00 for rent and $48.00 for the debt.
b. A final payment of $486.00, being $462.00 for rent and $24.00 for the debt.
c. Payments will be every other Thursday, with the first payment on 20/03/2025 and continuing until 08/06/2028.
3. Payments will be allocated in the following order: rent, rent arrears.
Description Landlord Tenant Rent arrears to 19 March 2025 $4,056.00 Total award $4,056.00 Total payable by Tenant to Landlord $4,056.00
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Reasons:
1. Both parties attended the hearing which was held by teleconference.
2. The landlord has applied for a conditional termination of the tenancy and rent arrears.
3. The landlord provided rent records which prove the amount owing as of today’s date is $4,056.00.
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.
History of the tenancy
5. This tenancy began in 2013. The rent summary provided to the Tribunal today starts from 2020. In April of that year the tenant was approximately $400.00 in arrears. By April 2022 rent arrears had exceeded $1,000.00, by 2023 rent arrears had exceeded $2,000.00 and by 2024 rent arrears exceeded $4,000.00.
6. The parties attended mediation in March 2024 and a mediated order was issued. The landlord’s representative today stated that this has largely been complied except for technical breaches relating to the vagaries of the tenant’s wages being paid and whether rent has been paid on a weekly or fortnightly basis.
7. Since the mediated order was issued, the tenant has been successful in reducing rent arrears by several hundred dollars.
8. Given this fact, the landlord’s representative couldn’t explain why termination was now being sought.
9. The tenant stated that the tenancy began in 2013 when her youngest child had just been born. Her children are now 17 years old and 11 years old and they both live with her full time. Just the three of them live in the house. The tenant stated she is in employment.
10. The landlord stated that in the circumstances she would be prepared to not seek termination of the tenancy, and seek only a monetary order on the current payment terms.
11. Clearly if there are any breaches of this monetary order, and the required statutory requirements exist, the landlord will be well within their rights to make a fresh application to the Tribunal seeking termination.
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12. Conversely, if the tenant’s circumstances change, she will be at liberty to make an application to the Tribunal seeking a variation to the terms of this order.
[NAME]
19 March 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 landlord provided records that proved the tenant owed $4,056.00 in rent arrears.
- The tenant's rent was at least 21 days in arrears when the application was filed, requiring a termination order.
- The tenant had a long history of increasing rent arrears since 2020, reaching over $4,000.00 by 2024.
- The landlord agreed to not seek termination of the tenancy and only requested a monetary order.
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 over a period of three years.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears.
How did the court decide, and why?
The court decided that the tenant must pay rent arrears over a period of three years because the rent was at least 21 days in arrears.
Which laws or rules were applied?
Section 55(1)(a) and (1A) of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The most important argument was that the rent was at least 21 days in arrears.
Was the decision for or against the person who brought the case?
The decision was against the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation might also be ordered to pay rent arrears over a specified period.
What evidence or documents mattered?
The evidence included rent records proving the amount owing as of the date of the hearing.