Tenant Ordered to Repay Rent Arrears and Debt Under Conditional Termination
📌 In brief
The Tenancy Tribunal ordered a conditional termination of the tenancy and set a structured repayment plan for the tenant to repay rent arrears and a debt. If the tenant complies with the plan, the order will lapse; otherwise, the tenancy will terminate and the landlord will have immediate possession of the premises.
⚖️ Legal holding
A tenant must repay rent arrears and a debt according to a structured payment plan to avoid termination of the tenancy.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies. It also covers situations where a tenant causes significant damage or assaults the landlord or their family/agent.
This section states that if a tenancy ends, the Tribunal must issue an order giving possession of the property to the person who is entitled to it. Importantly, an order from the Tribunal to end a tenancy automatically acts as an order for the landlord to get possession of the premises.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered a conditional termination of the tenancy and set a repayment plan for the debt.
📜 Headnote Official document
The Tenancy Tribunal ordered a conditional termination of the tenancy and set a repayment plan for the debt. The order will lapse if fully complied with, otherwise the tenancy will terminate and the landlord will have immediate possession of the premises.
📚 Full judgment Official document
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[2025] NZTT 5163677
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] as Agent for [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owe GG Blue Enterprises Limited T/A [NAME] as Agent for [NAME] $4,563.76 (“the debt”) calculated as shown in the table below.
2. [NAME] must pay rent and the debt as follows:
a. By paying the rent of $695 tomorrow 28 March 2025.
b. By 45 weekly payments thereafter of $795.00, being $695.00 for rent and $100.00 for the debt.
c. A final payment of $758.76, being $695.00 for rent and $63.76 for the debt.
d. Payments of the rent plus $100 will be every Friday, with the first payment on 4 April 2025 and continuing until 20 February 2026.
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 2 working days of the due dates:
a. The tenancy at [ADDRESS], [POSTCODE] will terminate and the landlord will have immediate possession of the premises.
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b. The balance of the debt will be payable immediately.
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 to 27 March 2025 $4,536.76 Filing fee reimbursement $27.00 Debt $4,563.76
Reasons:
1. The hearing was conducted by telephone. Both parties attended.
2. The landlord has applied for termination of the tenancy, rent arrears and payment 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, as in this case, 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 parties have agreed to a conditional termination order and so I have an made an order in the agreed terms.
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.
R Armstrong
27 March 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].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant was ordered to pay rent arrears and a filing fee, totaling $4,563.76.
- The tenant must pay the current rent of $695 immediately.
- The tenant must make 45 weekly payments of $795, covering both rent and the debt.
- A final payment of $758.76 is required to clear the remaining debt and rent.
- The tenancy will terminate and the landlord will get immediate possession if the tenant fails to pay rent and arrears within two working days of the due dates.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered a conditional termination of the tenancy and set a structured repayment plan for the tenant to repay rent arrears and a debt.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and a debt, leading the landlord to seek termination of the tenancy.
How did the court decide, and why?
The court decided to impose a conditional termination order and a structured repayment plan to allow the tenant to repay the debt without immediate termination of the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a) and (1A), and 64(4)(b) were applied.
What was the argument that mattered most?
The argument that mattered most was the need to provide the tenant with a structured repayment plan to avoid immediate termination of the tenancy.
Was the decision for or against the person who brought the case?
The decision was for the landlord, as the tenant was ordered to repay the debt under a structured plan to avoid termination of the tenancy.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they comply with any structured repayment plans to avoid termination of their tenancy.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.