Tenant Receives Conditional Termination Order with Payment Plan
📌 In brief
A tenant received a conditional termination order with a payment plan for rent arrears and a debt. The order will lapse if the tenant complies with the payment plan, otherwise the landlord will regain possession of the premises.
⚖️ Legal holding
A tenant is entitled to a conditional termination order if they demonstrate the ability to pay rent arrears and a debt within a specified timeframe.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days late when the landlord applies, or if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
This rule states that if a tenancy has ended, the Tribunal must issue an order giving possession of the property to the person who is entitled to it. An order from the Tribunal ending 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 with payment plan for rent arrears and debt.
📜 Headnote Official document
In a Tenancy Tribunal case, a tenant received a conditional termination order with a payment plan for rent arrears and a debt. The order will lapse if fully complied with, otherwise the landlord will regain possession of the premises.
📚 Full judgment Official document
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[2025] NZTT 5237271
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] owes [COMPANY] [NAME] $1,527.00 (“the debt”).
2. [NAME] and [NAME] must pay rent and the debt as follows:
a. By one payment of $2,250.00 on Monday 30 June 2025, being $1,500.00 for rent and $750.00 for the debt.
b. By 7 fortnightly payments of $1,600.00, being $1,500.00 for rent and $100.00 for the debt, on or before each of the following dates: 14 July 2025, 28 July 2025, 11 August 2025, 25 August 2025, 8 September 2025, 22 September 2025, 6 October 2025.
c. A final payment of $1,577.00, being $1,500.00 for rent and $77.00 for the debt on 20 October 2025.
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.
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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.
Description Landlord Tenant Rent arrears $1,500.00 Filing fee reimbursement $27.00 Total award $1,527.00 Total payable by Tenant to Landlord $1,527.00
Reasons:
1. Both parties attended the hearing.
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.
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. 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] [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
C Lamdin
11 June 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 demonstrated a plan to repay the debt, which satisfied the Tribunal.
- The landlord was entitled to reimbursement for the filing fee because their claim was successful.
- The tenant's rent was at least 21 days in arrears when the application was filed, requiring a termination order.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision granted a conditional termination order with a payment plan for rent arrears and a debt.
What was the dispute about?
The dispute was about the termination of a tenancy due to rent arrears and a debt.
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 debt 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 argument that mattered most was the tenant's ability to pay the debt and rent arrears within the specified timeframe.
Was the decision for or against the person who brought the case?
The decision was for the landlord, granting a conditional termination order with a payment plan.
What does this mean for someone in a similar situation?
Someone in a similar situation could receive a conditional termination order if they can show the ability to pay rent arrears and a debt within a specified timeframe.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.