Tenant Granted Conditional Termination Order with Payment Plan for Rent Arrears in Auckland
📌 In brief
A tenant was ordered by the Tenancy Tribunal to pay back $3,554 in overdue rent and a filing fee within 14 weeks to avoid being evicted from their home. This decision follows the rules set out in the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant must repay rent arrears and a filing fee to avoid immediate eviction under the Residential Tenancies Act 1986.
📖 What the law says
This section explains that if a tenancy has ended, the Tribunal must generally order that the person who is entitled to the property gets it back. It also states that certain orders made by the Tribunal to end a tenancy automatically act as an order for the landlord to get possession of the property.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal granted a conditional termination order for rent arrears and debt repayment.
📜 Headnote Official document
The Tenant was ordered to repay $3,554 in rent arrears and a filing fee over 14 weeks or face eviction. The decision is based on the Residential Tenancies Act 1986.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5476650
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [RESPONDENT] owes [COMPANY] As Agent For [COUNSEL] [NAME] $3,554.00 (“the debt”).
2. [RESPONDENT] must pay rent and the debt as follows:
a. By 14 weekly payments of $600.00, being $475.00 for rent and $125.00 for the debt.
b. A final payment of $479.00, being $475.00 for rent and $4.00 for the debt.
c. Payments will be every Wednesday, with the first payment on 10/06/2026 and continuing until 16/09/2026.
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.
b. The balance of the debt will be payable immediately.
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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 $3,526.00 Filing fee reimbursement $28.00 Total award $3,554.00
Total payable by Tenant to Landlord $3,554.00
Reasons:
1. Both parties attended the hearing by teleconference.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination. The landlord agrees to this stating that the tenant has made weekly payments of $600 prior to the hearing to reduce the debt and pay the weekly rent.
Should a conditional termination order be made?
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 am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. The tenant confirming she fully understood the implications of a breach. I have granted a conditional termination order.
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. [COMPANY] As Agent For [COUNSEL] [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
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[NAME] [NAME]
09 June 2026
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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 [NAME] 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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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] https://www.[NAME] http://www.[NAME]
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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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tribunal Orders Landlord to Reimburse Tenant’s $2,000 Bond and $28 Filing F…
- Tenancy Tribunal Tenant ordered to pay $1,164.50 for rent and damages in Auckland
- Tenancy Tribunal Tribunal Terminates Tenancy in Auckland Due to $2000+ Rent Arrears
- Tenancy Tribunal Tribunal awards $839.79 to landlord for rent arrears and fees in Auckland
- Tenancy Tribunal Tribunal Grants Landlord $909.44 for Rent Arrears and Terminates Tenancy in…
- Tenancy Tribunal Tribunal Terminates Tenancy in Auckland Due to £2,763.57 Rent Arrears
- Tenancy Tribunal Tenant Ordered to Pay $630.45 for End-of-Tenancy Obligations Not Met
- Tenancy Tribunal Tribunal awards $6,512.25 for repairs after tenant abandonment in Whangarei
- Tenancy Tribunal Tribunal Terminates Tenancy for £4,328 in Rent Arrears in Auckland
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- A tenant must pay rent on time or risk termination of their lease under the Residential Tenancies Act 1986.
- A tenant is responsible for leaving premises in a good state of repair and cleanliness upon vacating.
- A tenant is required to pay a landlord for rent arrears, cleaning fees, and other damages as agreed upon in the tenancy agreement.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal granted a conditional termination order to a tenant owing $3,554.00, with weekly payments of $600.00 over 14 weeks.
What was the dispute about?
The dispute was about a tenant owing $3,554.00 and the need to establish a repayment plan to avoid immediate termination of the tenancy.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant confirmed understanding the implications of a breach and the landlord agreed to the arrangement.
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 confirmation by the tenant of understanding the implications of a breach and the agreement by the landlord to the arrangement.
Was the decision for or against the person who brought the case?
The decision was for the landlord, as the tenant agreed to the repayment plan to avoid immediate termination.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they understand the implications of a breach and negotiate a repayment plan with the landlord to avoid immediate termination.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.