Tenant Receives Conditional Termination Order
📌 In brief
The Tenancy Tribunal granted a conditional termination order to a tenant owing rent arrears, water rates, and a filing fee, provided the tenant could show the ability to pay these amounts within a specified timeframe.
⚖️ Legal holding
A tenant is entitled to a conditional termination order if they demonstrate the ability to pay outstanding debts within a specified timeframe.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if a landlord applies and the rent was at least 21 days overdue when the application was filed. It also applies if the tenant caused significant damage or assaulted the landlord or their family.
This rule explains that if a tenancy ends, the Tribunal must issue an order giving possession of the property back to the person who is entitled to it. It also clarifies that an order to end a tenancy automatically acts as an order for the landlord to get possession of the property.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
Conditional termination order granted for a tenant owing rent arrears, water rates, and filing fees.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order to a tenant owing rent arrears, water rates, and a filing fee, provided the tenant could show the ability to pay these amounts within a specified timeframe.
📚 Full judgment Official document
__________________________________________________________________________________ 5127008 1
[2025] NZTT 5127008
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] $6,671.95 (“the debt”), as calculated in the table below.
2. [NAME] must pay the whole of the debt in full by 5pm on Wednesday 19 February 2025 debt as follows:
3. If the tenant fails to pay the rent arrears within 2 working days of the due dates:
a. The tenancy at [ADDRESS], [ADDRESS], [POSTCODE] will terminate and the landlord will have immediate possession of the premises.
b. The balance of the debt will be payable immediately.
4. If the tenant fails to pay the water rates and filing fee within 2 working days of the due date, the water rates filing fee will be payable immediately.
Description Landlord Tenant Rent arrears as at 18 February 2025 $5,892.14 Water rates as at 18 February 2025 $752.81 Filing fee reimbursement $27.00 Total award $6,671.95
__________________________________________________________________________________ 5127008 2
Reasons:
1. Both parties attended the hearing which was held by videoconference.
2. The landlord has applied for termination of the tenancy, rent arrears, outstanding water rates, reimbursement of the filing fee and payment of the bond. The tenant wants to repay the debt to avoid immediate termination.
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. After discussing the claim with the tenant at the hearing today 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.
5. This is because she stated that WINZ has agreed to pay the outstanding amount and because she has arranged for payments to be made directly from her and her brother’s benefits to meet future rent payments. She has also stated that there will be $20.00 payments towards water every week.
6. On this evidence I have granted a conditional termination order.
7. 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.
8. I note that the tenant is also required to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against her.
[NAME]
18 February 2025
__________________________________________________________________________________ 5127008 3
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/
__________________________________________________________________________________ 5127008 4
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 stated that WINZ has agreed to pay the outstanding amount.
- The tenant has arranged for payments to be made directly from her and her brother’s benefits to meet future rent payments.
- The tenant has stated that there will be $20.00 payments towards water every week.
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 the tenant, allowing them to continue renting if they paid their outstanding debts within a specified timeframe.
What was the dispute about?
The dispute was about a tenant owing rent arrears, water rates, and a filing fee to their landlord.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant demonstrated the ability to pay the outstanding debts within the specified timeframe.
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 tenant argued that they had arranged for payments to be made directly from their and their brother’s benefits to meet future rent payments, and that WINZ had agreed to pay the outstanding amount.
Was the decision for or against the person who brought the case?
The decision was for the landlord, as the tenant was ordered to pay the outstanding debts.
What does this mean for someone in a similar situation?
Someone in a similar situation might receive a conditional termination order if they can show the ability to pay their outstanding debts within a specified timeframe.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.