Tenant Ordered to Pay Rent Arrears Within Two Working Days to Avoid Termination
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears within two working days to avoid immediate termination of the tenancy. Failure to comply could lead to the landlord taking immediate possession of the premises.
⚖️ Legal holding
A tenant must pay rent arrears within two working days to avoid immediate termination of the tenancy.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice ending their tenancy if they believe the landlord gave the notice because the tenant used their rights or complained about the landlord. The tenant must apply within 14 working days of receiving the notice.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
Conditional termination order granted with compliance period.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order requiring the tenant to pay rent arrears within two working days to avoid immediate termination of the tenancy. The order was based on the Residential Tenancies Act 1986, section 54.
📚 Full judgment Official document
__________________________________________________________________________________ 5196711 1
[2025] NZTT 5196711
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [NAME] $2,787.00 (“the debt”) being $2,760.00 for rent and rent arrears to 17 April 2025 and the filing fee of $27.00.
2. [NAME] must pay the rent and rent arrears of $2,760.00 by 5pm on Friday 18 April 2025.
3. Payments will be allocated in the following order: current weekly rent, rent arrears, and the filing fee.
4. 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.
5. The filing fee of $27.00 is payable immediately.
__________________________________________________________________________________ 5196711 2
Reasons:
1. Both parties attended the telephone hearing today.
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.
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.
4. The tenant says the rent arrears will be paid by WINZ and they have already paid $5,520.00 being the rent arrears to 31 March 2025. The tenant had overlooked that the rent arrears were more than this. 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. I have 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.
6. The landlord’s application has succeeded. I award the filing fee.
[NAME]
10 April 2025
__________________________________________________________________________________ 5196711 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.
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/
__________________________________________________________________________________ 5196711 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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant promised to pay the outstanding rent arrears within the specified time frame.
- The tenant had already partially repaid previous rent arrears, showing a willingness to settle debts.
- The tribunal found the tenant unlikely to commit further breaches once the debt was settled.
❌ Tends to be rejected
- The tenant argued that the full amount of rent arrears would be covered by WINZ payments, which the tribunal did not accept as a complete solution.
- The tenant requested to keep the tenancy without paying the full amount of rent arrears immediately, which was not accepted by the tribunal.
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 within two working days to avoid immediate termination of the tenancy.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears, leading the landlord to seek termination of the tenancy.
How did the court decide, and why?
The court decided to grant a conditional termination order, allowing the tenant to avoid termination if they paid the rent arrears within the specified period.
Which laws or rules were applied?
The Residential Tenancies Act OnClickListener 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had failed to pay rent arrears, which triggered the requirement for a termination order under the Act.
Was the decision for or against the person who brought the case?
The decision was for the landlord, who brought the case seeking termination of the tenancy.
What does this mean for someone in a similar situation?
For someone in a similar situation, paying rent arrears within the specified period can prevent immediate termination of the tenancy.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.