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AllowedTenancy Tribunal·

Tenant Ordered to Pay Rent Arrears to Avoid Eviction

Case No. [2026] NZTT 5489150

📌 In brief

The Tenancy Tribunal ruled that the tenant must repay $978 for rent arrears and a filing fee over 65 weeks. Failure to comply will result in immediate eviction.

⚖️ Legal holding

A tenant must pay rent arrears and a filing fee within the specified period to avoid immediate eviction.

Topics

rent arrearsconditional termination

Provisions

📖 What the law says

Residential Tenancies Act 1986 s.64

This rule states that if a tenancy ends, the Tribunal must generally order that the person who is entitled to the property gets it back. It also says that certain orders made by the Tribunal that end a tenancy automatically act as an order for the landlord to get possession of the property.

Plain-English explanation — does not replace advice from a lawyer.

📖 Technical summary

The Tribunal granted a conditional termination order for rent arrears and debt repayment.

📜 Headnote Official document

The Tenancy Tribunal ordered the tenant to pay rent arrears and a filing fee in weekly installments, with conditional termination if payments are not made.

📚 Full judgment Official document

OUTCOME: Allowed

__________________________________________________________________________________ 5489150 1

[2026] NZTT 5489150

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [RESPONDENT] owes [APPELLANT] [NAME] $978.00 (“the debt”).

2. [RESPONDENT] must pay rent and the debt as follows:

a. By 65 weekly payments of $108.00, being $93.00 for rent and $15.00 for the debt.

b. A final payment of $96.00, being $93.00 for rent and $3.00 for the debt.

c. Payments will be every Tuesday, with the first payment on 09/06/2026 and continuing until 07/09/2027.

3. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.

4. If the tenant fails to pay rent and rent arrears within 5 working days of the due dates:

a. The tenancy at [ADDRESS], [POSTCODE] will terminate and the landlord will have immediate possession of the premises.

b. The balance of the debt will be payable immediately.

__________________________________________________________________________________ 5489150 2

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.

Description Landlord Tenant Rent arrears $978.00 Total award $978.00 Total payable by Tenant to Landlord $978.00

Reasons:

1. Both parties attended the hearing by teleconference.

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. 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. He has consented to the order and advises that he has been making the repayments now for approximately a month. I have therefore granted a conditional termination order.

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.

[NAME]

09 June 2026

__________________________________________________________________________________ 5489150 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, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is 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/

__________________________________________________________________________________ 5489150 4

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:

📊 How courts decide similar cases

Among 12 similar decisions in this collection:

A snapshot of this collection — not a prediction of your case's outcome.

⚖️ What tends to weigh in cases like this

✅ Tends to be accepted

  • Tenant pays rent arrears as required.
  • Tenant agrees to comply with reasonable conditions set by the landlord.
  • Tenant maintains the property in a clean and tidy condition.
  • Tenant is responsible for damage beyond fair wear and tear.
  • Tenant complies with obligations regarding rubbish removal and repairs.

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 filing fee, or face eviction.

Who was involved?

A landlord and a tenant were involved in the dispute over unpaid rent.

How did the court decide, and why?

The Tribunal decided that the tenant must repay the debt to avoid immediate termination of tenancy.

Which laws or rules were applied?

Sections 54 and 64 of the Residential Tenancies Act 1986 were applied.

What was the argument that mattered most?

The tenant agreed to repay the debt, which convinced the Tribunal to grant a conditional termination order.

Was the decision for or against the person who brought the case?

It was in favour of the landlord as the tenant must pay rent arrears and avoid eviction.

What does this mean for someone in a similar situation?

A tenant should make arrangements to repay rent arrears to avoid immediate eviction.

What evidence or documents mattered?

The agreement between the parties was key, as it showed willingness to comply with repayment terms.

Can a decision like this be appealed?

Yes, both landlord and tenant can appeal within 10 working days using specific forms.

Is it worth getting a lawyer for a case like this?

It is advisable to seek legal advice from a qualified lawyer for such cases.

Official source: Tenancy Tribunal headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Tenancy Tribunal and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.