Tenant Ordered to Pay Rent Arrears Through Formalised Plan
📌 In brief
The Tenancy Tribunal ordered a tenant to pay $4,612 in rent arrears over a period of weeks. Failure to make timely payments could lead to immediate enforceability through the District Court.
⚖️ Legal holding
A tenant must adhere to a formalised payment plan for rent arrears.
📖 Technical summary
The Tenancy Tribunal formalised a payment plan for unpaid rent and arrears.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $4,612 in rent arrears over a period of weeks, with a failure to make timely payments resulting in immediate enforceability through the District Court.
📚 Full judgment Official document
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[2025] NZTT 5110093
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] $4,612.00, being rent and rent arrears to 2 March 2025.
2. The tenant must pay the debt at the rate of $400.00 per week.
3. The first payment must be made on Thursday 27 February 2025 and payments must continue every Thursday until the debt is paid in full.
4. If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
Reasons:
1. The landlord attended the telephone hearing today. Calls to the tenants went to voicemail.
2. The landlord requested the formalisation of a payment plan that is already in operation. Since about the beginning of the year the tenants have been paying $400.00 each week (being $358.00 for rent and $42.00 towards the rent arrears).
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3. This order formalises the arrangement. The landlord did not want a “conditional clause” which would terminate the tenancy if any payments were missed.
4. Accordingly, this is a monetary order only.
M Edison
27 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 landlord's request to formalise an existing payment plan was accepted.
- The tenants were already making weekly payments of $400, covering both rent and arrears.
- The order was for monetary payment only, without a clause to terminate the tenancy.
- The tenants must pay the debt at a rate of $400 per week.
- Failure to make any payment within two working days will make the entire debt immediately payable.
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 $4,612 in rent arrears over a period of weeks.
What was the dispute about?
The dispute was about unpaid rent and arrears that the tenant owed to the landlord.
How did the court decide, and why?
The court decided to formalise the existing payment plan to ensure the tenant adheres to the agreed-upon schedule.
Which laws or rules were applied?
Residential Tenancies Act 1986, s 54
What was the argument that mattered most?
The landlord argued for the formalisation of an existing payment plan to ensure compliance with the agreed terms.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case, ordering them to pay the rent arrears.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they adhere to their payment plan to avoid further legal action.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents used.