Tenant ordered to repay rent arrears and debt
📌 In brief
The Tenancy Tribunal ordered a tenant to repay $3,047 in rent arrears and debt through structured weekly payments. The order includes immediate termination if payments are missed.
⚖️ Legal holding
A tenant must repay rent arrears and a debt under a structured payment plan.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the rent is at least 21 days overdue when the landlord applies. It also applies if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
This rule explains that if a tenancy ends, the Tribunal will issue an order giving possession of the property back to the person who is entitled to it. Importantly, an order from the Tribunal ending a tenancy automatically acts as an order for the landlord to get possession of the property.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
Conditional termination order granted with repayment plan.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order requiring the tenant to repay $3,047 in rent arrears and debt through structured weekly payments. The order includes immediate termination if payments are missed.
📚 Full judgment Official document
__________________________________________________________________________________ 5187985 1
[2025] NZTT 5187985
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details and the tenancy address.
2. [NAME] owes [The landlord/s] $3,047.00 (“the debt”).
3. [NAME] must pay rent and the debt as follows:
a. By 152 weekly payments of $405.00, being $385.00 for rent and $20.00 for the debt.
b. A final payment of $392.00, being $385.00 for rent and $7.00 for the debt.
c. Payments will be every Wednesday, with the first payment on 21/05/2025 and continuing until 19/04/2028.
4. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
5. If the tenant fails to pay rent and rent arrears within 1 working day of the due dates:
a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises.
b. The balance of the debt will be payable immediately.
__________________________________________________________________________________ 5187985 2
6. If the tenant fails to pay the filing fee within 1 working days of the due date, the filing fee will be payable immediately.
Description Landlord Tenant Rent arrears to 16/05/2025 $3,020.00 Filing fee reimbursement $27.00 Total payable by Tenant to Landlord $3,047.00
Reasons:
1. The landlord attended the hearing by telephone today. I telephoned the tenant however the call went to voicemail. I continued with the hearing as the tenant has been emailed notice of the hearing date and time to his address for service.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. A rent summary has been supplied.
3. The rent was at least 21 days in arrears on the date the application was filed. The law says 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 amount owing up to 16 May 2025 is $3,020.00. I also award the filing fee.
5. The tenant did not attend the hearing which makes it difficult to make a repayment plan. However, the rent ledger shows that she has paid rent every week since 6 March 2025, paid a lump sum to reduce the debt, and has paid an extra $20.00 per week for the past three weeks.
6. I am satisfied the tenant will keep making payments of $405.00 per week to keep the tenancy going. The landlord has agreed to give the tenant this last chance. I have granted a conditional termination order.
7. The conditional termination order will lapse once the debt is fully repaid.
8. If any payment is more than one day late, the tenancy will terminate immediately, and any remaining debt become payable. The possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
__________________________________________________________________________________ 5187985 3
9. The landlord sought an order that the bond be paid to the landlord if any of the repayments are not made on time. I have not made this order because the amount of the debt may be less than the amount of the bond at the time that the order is enforced.
10. The landlord has succeeded with the claim, so its name is suppressed, as sought. I suppress the tenancy address.
[NAME] 15 May 2025
__________________________________________________________________________________ 5187985 4
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 tenant has consistently paid rent every week since March 6, 2025.
- The tenant paid a lump sum to reduce the debt.
- The tenant has been paying an extra $20.00 per week for the past three weeks.
- The landlord and tenant agreed on a structured payment plan.
- The tenant’s regular payments indicate a willingness to fulfill the repayment plan.
❌ Tends to be rejected
- The tenant did not attend the hearing, making it harder to negotiate terms.
- The landlord requested the bond be forfeited if any payments are late, but this was denied.
- There was no evidence provided by the tenant during the hearing to dispute the debt.
- The tribunal did not accept the landlord's request to enforce the bond as security for the debt.
- The tenant's failure to attend the hearing limited the opportunity for direct negotiation.
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 repay $3,047 in rent arrears and debt through structured weekly payments.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and a debt owed to the landlord.
How did the court decide, and why?
The court decided to grant a conditional termination order allowing the tenant a last chance to repay the debt through structured payments.
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 tenant's consistent payment history and willingness to repay the debt.
Was the decision for or against the person who brought the case?
The decision was for the landlord, ordering the tenant to repay the debt.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they make regular payments to avoid termination of their tenancy.
What evidence or documents mattered?
The rent ledger showing the tenant's consistent payment history and the rent summary provided by the landlord mattered.