Tenant Ordered to Repay Rent Arrears Through Structured Plan
📌 In brief
The Tenancy Tribunal ruled that the tenant must repay rent arrears to the landlord through a structured repayment plan, including weekly payments and a final lump sum payment.
⚖️ Legal holding
A tenant must repay rent arrears according to a repayment plan agreed upon with the landlord.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to repay rent arrears over two years with weekly payments.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to repay rent arrears to the landlord through a structured repayment plan, including weekly payments and a final lump sum payment.
📚 Full judgment Official document
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[2025] NZTT 5042629
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] $1,025.98, being rent arrears to 3 March 2025.
Description Landlord Tenant Rent arrears to 3 March 2025 $1,025.98 Total award $1,025.98 Total payable by Tenant to Landlord $1,025.98
2. [NAME] must repay the debt as follows:
a. By 102 weekly payments of $10.00 each Thursday, commencing on Thursday 6 March 2025 and ending on 11 February 2027; and
b. A final payment of $5.98, to fully repay the debt, to be paid on Thursday 18 February 2027; and
c. Where the tenant’s financial circumstances improve, the tenant has agreed to contact the landlord to make arrangements to increase the weekly amounts payable or to make lump sum payments.
3. If [NAME] fails to pay debt repayments within 2 working days of the due dates, the full amount of the remaining debt will fall due immediately.
4. [NAME] has confirmed to the Tribunal that she will take a copy of this Order to Work and Income New Zealand (WINZ) and authorise the $10.00
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weekly debt repayments to be deducted directly from her WINZ benefit until the debt is fully repaid.
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
3. The landlord has praised the tenant for her excellent progress in repaying the debt and acknowledges that she has been making regular weekly repayments of $10.00 since 18 October 2024. This Order is to formalise the agreement the tenant has reached with the landlord to continue to repay the debt at $10.00 per week and to record her commitment to ensure that the deductions continue to come directly from WINZ until the full debt is repaid.
[NAME]
03 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 has been making regular weekly repayments of $10.00 since October 2024.
- The landlord praised the tenant for her excellent progress in repaying the debt.
- The tenant agreed to contact the landlord to adjust payments if her financial situation improves.
- The tenant confirmed she would authorize direct deductions from her WINZ benefit for repayments.
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 to the landlord through a structured repayment plan.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears to the landlord.
How did the court decide, and why?
The court decided that the tenant must repay the rent arrears according to a structured repayment plan agreed upon with the landlord.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was the agreement between the tenant and the landlord on a structured 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 structured repayment plan with their landlord to avoid a similar ruling.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount owing.