Tenant ordered to pay rent arrears to avoid termination
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay $11,007.00 to the landlord for unpaid rent. If the tenant fails to make the payment, the landlord can terminate the tenancy and regain possession of the property.
⚖️ Legal holding
A tenant is required to pay rent arrears to the landlord under the Residential Tenancies Act 1986.
📖 What the law says
This rule states that if a tenancy has ended, the Tenancy Tribunal must issue an order giving possession of the property back to the person who is entitled to it. This order cannot be made more than three months after the tenancy ended.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and granted the landlord conditional termination rights if payment is not made.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $11,007.00 to the landlord for rent arrears. The order includes conditional termination rights if payment is not made.
📚 Full judgment Official document
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[2025] NZTT 5237357
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. [NAME] will pay [NAME] and [NAME] $11,007.00 on Wednesday 21 May 2025 as calculated in the table below.
2. If the payment in paragraph 1. is not made as specified the tenancy will terminate and possession of the tenancy address will be granted to [NAME] and [NAME].
Description Landlord Tenant Rent arrears $9,620.00 Current rent for period 20/05/25 – 26/05/25 $1360.00 Total payable by Tenant to Landlord $11,007.00
Reasons:
1. Both parties attended the hearing in person.
2. This is a consent order. As such the it will not be published.
3. 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.
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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.
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. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
[NAME] 20 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 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].
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord provided rent records that proved the amount of rent owed by the tenant.
- The tenant agreed to repay the debt to avoid the immediate termination of the tenancy.
- The rent was at least 21 days in arrears when the application was filed, requiring a termination order.
- The parties agreed to the terms of the order, making it a consent order.
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 $11,007.00 to the landlord for rent arrears.
What was the dispute about?
The dispute was over unpaid rent arrears and the potential termination of the tenancy.
How did the court decide, and why?
The court decided in favour of the landlord, granting the tenant conditional termination rights if the rent is not paid.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 54 and 64 were applied.
What was the argument that mattered most?
The argument that mattered most was the proof of rent arrears provided by the landlord.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they meet their rental obligations to avoid termination of their tenancy.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the amount owing.