Tenant Receives Conditional Termination Order After Agreeing to Pay Debt
📌 In brief
The Tenancy Tribunal granted a conditional termination order to a tenant who owed rent arrears and a filing fee. The tenant agreed to pay the debt within a specified period, and the order would lapse if fully complied with, otherwise it would be enforceable for 90 days from the first breach.
⚖️ Legal holding
A tenant is entitled to a conditional termination order if they demonstrate willingness to pay their debt within a specified period.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if one party has broken the tenancy agreement or the Act. If the problem can be fixed, the party complaining must have given the other party a notice to fix it within at least 10 working days, and the other party failed to do so.
This section outlines the types of orders the Tenancy Tribunal can make. These include declaring the status of premises or rights, ordering a party to give up possession of premises, or ordering a party to pay money.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal granted a conditional termination order for a tenant owing rent arrears and a filing fee.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order to a tenant who owed rent arrears and a filing fee, provided the tenant paid the debt within a specified period. The order would lapse if fully complied with, otherwise it would be enforceable for 90 days from the first breach.
📚 Full judgment Official document
__________________________________________________________________________________ 5017169 1
[2024] NZTT 5017169
TENANCY TRIBUNAL - [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [The landlord/s] $5,201.28 (“the debt”) as set out in the table:
Description Landlord Tenant Rent arrears to 9 December 2024 $5,174.28 Filing fee reimbursement $27.00 Total award $5,201.28 Total payable by Tenant to Landlord $5,201.28
2. [NAME] must pay rent and the debt as follows:
a. By a payment of the weekly rent of $425.00 when it is due this week.
b. By a final payment of $5,201.28 for the debt on or before Friday 13 December 2024.
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.
__________________________________________________________________________________ 5017169 2
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.
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee. The tenant wants to repay the debt to avoid immediate termination.
Should a conditional termination order be made?
3. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable (very unfair) to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986 (RTA).
4. The tenant breached her obligations by failing to pay rent on time. The landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. I find it would be inequitable to refuse to terminate the tenancy.
5. Despite my finding, having heard the evidence the tenant has an appointment with WINZ this afternoon, I am satisfied the tenant is motivated to pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) RTA.
6. The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) RTA.
Other orders
7. Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.
__________________________________________________________________________________ 5017169 3
8. The landlord’s application for suppression is allowed because the landlord is the most successful party. The tenant’s name will be published because there is public interest in names when a tenant owes rent. See section 95A RTA.
[NAME] 09 December 2024
__________________________________________________________________________________ 5017169 4
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/
__________________________________________________________________________________ 5017169 5
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 demonstrated willingness to pay the debt within a specified period.
- The tenant had an upcoming appointment with WINZ, showing motivation to address financial issues.
- The tenant did not remedy the breach within the required 14-day period set by the landlord.
❌ Tends to be rejected
- The landlord sought immediate termination without considering the tenant's ability to pay the debt.
- The landlord did not provide evidence that the tenant was unwilling to pay the debt within the specified period.
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 who owed rent arrears and a filing fee, provided the tenant paid the debt within a specified period.
What was the dispute about?
The dispute was about a tenant owing rent arrears and a filing fee, and the landlord seeking termination of the tenancy.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant demonstrated willingness to pay the debt within a specified period.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 56(1) and 78(3) were applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's willingness to pay the debt within a specified period.
Was the decision for or against the person who brought the case?
The decision was for the landlord, who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation might receive a conditional termination order if they demonstrate willingness to pay their debt within a specified period.
What evidence or documents mattered?
The evidence that mattered was the tenant's agreement to pay the debt within a specified period.