Tenant Ordered to Repay Rent Arrears Through Structured Plan
📌 In brief
The Tenancy Tribunal ordered a tenant to pay back rent arrears over 85 weekly payments. The tenant and landlord agreed to the repayment plan during a teleconference hearing.
⚖️ Legal holding
A tenant must pay rent arrears according to a repayment plan agreed upon by both parties.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears over 85 weekly installments.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears over 85 weekly installments, with the first payment due on April 1, 2025. The order was made after both parties agreed to the repayment plan during a teleconference hearing.
📚 Full judgment Official document
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[2025] NZTT 5139989
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] owes Kāinga Ora– Homes And Communities $852.00 being rent arrears as at Monday 31 March 2025 (“the debt”).
2. [NAME] and [NAME] must pay rent and the debt as follows:
a. By 85 weekly payments of $186.00, being $176.00 for rent and $10.00 for the debt.
b. A final payment of $178.00, being $176.00 for rent and $2.00 for the debt.
c. Payments will be every Tuesday, with the first payment on 01/04/2025 and continuing until 17/11/2026.
3. Payments will be allocated in the following order: rent, then rent arrears.
4. If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
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Reasons:
1. Both parties attended the hearing by teleconference with [NAME] representing the landlord.
2. The landlord provided a rent summary proving the rent arrears owed.
3. The tenants have been paying off the arrears by making extra payments of $10 each week for the last few weeks and agree to the above order to formalise the repayment arrangement.
[NAME]
31 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 landlord proved that rent arrears were owed by providing a rent summary.
- The tenants had already started making extra payments towards the arrears.
- The tenants agreed to formalise the repayment arrangement.
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 back rent arrears over 85 weekly payments.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears according to a structured repayment plan agreed upon by both parties.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The most important argument was the agreement between the tenant and landlord on the repayment plan.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should negotiate a repayment plan with their landlord to avoid a court order.
What evidence or documents mattered?
The rent summary provided by the landlord was the key evidence used in the decision.