Tenant ordered to repay rent arrears and debt under conditional termination order
📌 In brief
The Tenancy Tribunal ordered a tenant to repay rent arrears and a debt to the landlord over several weeks. If the tenant fails to make the required payments, the tenancy will terminate and the landlord will regain possession of the premises.
⚖️ Legal holding
A tenant must repay rent arrears and a debt according to a conditional termination order.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the rent is at least 21 days late when the landlord applies, or if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or related individuals.
This rule explains that if a tenancy ends, the Tribunal must order that the person entitled to the property gets possession of it. It also clarifies that an order ending a tenancy under certain sections, including section 55, automatically acts as an order giving possession to the landlord.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
Conditional termination order granted with conditions for rent arrears and debt repayment.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order requiring the tenant to repay rent arrears and a debt to the landlord over a period of weeks, with specific payment schedules and consequences for non-compliance.
📚 Full judgment Official document
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[2025] NZTT 5209531
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
CONSENT ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of both parties’ names and identifying details.
2. [The tenant/s] owes [The landlord/s] $1,099.90 (“the debt”) in accordance with the following table:
Description Landlord Tenant Rent arrears to 9/6/25 $1,072.90 Filing fee reimbursement $27.00 Total award $1,099.90 Total payable by Tenant to Landlord $1,099.90
3. [The tenant/s] must pay rent and the debt as follows:
a. By 5 weekly payments of $680.00, being $475.00 for rent and $205.00 for the debt.
b. A final payment of $549.90, being $475.00 for rent and $74.90 for the debt.
c. Payments will be every Wednesday, with the first payment on 11/06/2025 and continuing until 16/07/2025.
4. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
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5. If [the tenant] fails to pay rent and rent arrears within 2 working days 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.
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 which was held by telephone. [NAME] represented the landlord.
2. The landlord has applied for termination of the tenancy on the basis of rent arrears but agrees to a conditional termination as the tenant has made significant payments towards the debt.
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 have granted a conditional termination order on the agreement of the parties.
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. Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME] 10 June 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 [NAME]/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 [NAME]/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.[NAME]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/disputes/enforcing-decisions/
__________________________________________________________________________________ 5209531 4
A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: [NAME]/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 landlord's claim for rent arrears was accepted, totaling $1,072.90.
- The landlord's request for reimbursement of the filing fee was granted.
- The tenant was ordered to make weekly payments of $680.00, covering both rent and the debt.
- The Tribunal issued a conditional termination order because the parties agreed to it.
- The landlord fully succeeded with the claim, which required the filing fee to be reimbursed.
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 rent arrears and a debt to the landlord over several weeks.
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 because the rent was at least 21 days in arrears when the application was filed, and the tenant had made significant payments towards the debt.
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 that the rent was at least 21 days in arrears when the application was filed, allowing for a conditional termination order.
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 make timely payments to avoid termination of their tenancy.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.