Tenant Ordered to Pay Rent Arrears Through Structured Plan
📌 In brief
A tenant was ordered to pay rent arrears and a debt through a structured payment plan to avoid having their tenancy terminated. The order was made by the Tenancy Tribunal under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant must pay rent arrears and a debt through a structured payment plan to avoid termination of the tenancy.
📖 What the law says
This rule says that the Tenancy Tribunal must end a tenancy if the tenant's rent was at least 21 days late when the landlord applied to the Tribunal. It also covers situations where a tenant has caused significant damage or threatened the landlord.
This rule explains that if a tenancy ends, the Tribunal will order that the landlord gets possession of the property back. An order to end a tenancy, like one made under section 55, automatically acts as an order for the landlord to get possession.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
Conditional termination order granted with weekly payments plan.
📜 Headnote Official document
In a Tenancy Tribunal case, a tenant was ordered to pay rent arrears and a debt through a structured payment plan to avoid termination of the tenancy. The order was made under the Residential Tenancies Act 1986, sections 55(1)(a) and 64(4)(b).
📚 Full judgment Official document
__________________________________________________________________________________ 5229051 1
[2025] NZTT 5229051
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
2. [NAME] owes [The landlord/s] $5,521.00 (“the debt”) as shown in the table below.
Description Landlord Tenant Rent arrears (to 25 May 2025) $5,494.00 Filing fee reimbursement $27.00 Total award $5,521.00 Total payable by Tenant to Landlord $5,521.00
3. [NAME] must pay rent and the debt as follows:
a. By 138 weekly payments of $450.00, being $409.50 for rent and $40.50 for the debt.
b. A final payment of $341.50, being $409.50 for rent and -$68.00 for the debt.
c. Payments will be every Thursday, with the first payment on 22/05/2025 and continuing until 13/01/2028.
4. Payments will be allocated in the following order: current rent, rent arrears, and the filing fee.
__________________________________________________________________________________ 5229051 2
5. 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.
6. If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
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.
4. The landlord agreed to a condition termination order and the parties agreed the amount to be paid each week. I have made a conditional termination order accordingly.
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) Residential Tenancies Act 1986.
6. As the landlord was the successful party, I have granted its request for suppression and have awarded reimbursement of the Tribunal application fee.
R Morgan 19 May 2025
__________________________________________________________________________________ 5229051 3
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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord's name and identifying details were suppressed because the Tribunal granted their request.
- The tenant owed the landlord $5,521.00, which included rent arrears and a filing fee.
- The tenant wanted to repay the debt to avoid immediate termination of the tenancy.
- A conditional termination order was made because the rent was at least 21 days in arrears when the application was filed.
- The landlord agreed to a conditional termination order, and both parties agreed on the weekly payment amount.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was ordered to pay rent arrears and a debt through a structured payment plan to avoid termination of the tenancy.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and a debt, leading to a potential termination of the tenancy.
How did the court decide, and why?
The court decided to grant a conditional termination order with a structured payment plan to ensure the tenant pays the debt and rent arrears, avoiding eviction.
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 need to ensure the tenant pays the debt and rent arrears through a structured plan to avoid termination of the tenancy.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case, as they were ordered to pay the debt and rent arrears.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they pay rent arrears and any debts through a structured plan to avoid termination of their tenancy.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.