Tenant's Rent Arrears Result in Amended Tenancy Agreement
📌 In brief
The Tenancy Tribunal changed the terms of a tenancy agreement because the tenant had not been paying rent on time. Now, the tenant must pay two weeks' rent in advance and face termination if rent remains unpaid for seven days.
⚖️ Legal holding
A tenant must provide advanced rent payments to avoid termination of the tenancy agreement.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice ending their tenancy if they believe the landlord gave the notice because the tenant complained or used their rights as a tenant. The tenant must apply to the Tribunal within 14 working days of receiving the notice.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy agreement was amended to reduce rent arrears and ensure timely payments.
📜 Headnote Official document
The Tenancy Tribunal amended the tenancy agreement to include advanced rent payments and specific termination conditions due to the tenant's rent arrears.
📚 Full judgment Official document
__________________________________________________________________________________ 5122036 1
[2025] NZTT 5122036, 5216672
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. The Tribunal orders suppression of the names and identifying details of both parties.
2. The tenancy agreement between the parties dated 29 October 2023 is amended. The tenancy shall terminate on 14 August 2025, or earlier on the tenant providing 7 days’ written notice to terminate the tenancy. This order is subject to order 5 below.
3. The weekly rent will now be $500.00 per week.
4. The tenant must pay the landlord 2 weeks’ rent in advance ($1,000.00) on or before 21 May 2025.
5. Should the rent be in arrears by at least 7 days the tenancy will terminate, and possession will pass to the landlord. The rent will not be considered in arrears until the amount paid in advance as in order 4 above has been apportioned against any missed rent payment/s.
6. The landlord forgoes his claim for rent arrears for the period up to and including 15 May 2025.
7. The tenant shall meet all the costs of maintenance and repairs arising out of and in connection with the claims set out in her cross application where she has elected or elects to undertake them.
__________________________________________________________________________________ 5122036 2
8. The tenant must fulfill her obligations under section 40(1)(e) of the Residential Tenancies Act 1986 regardless of whether the tenancy is terminated in accordance with order 2 or order 5 above.
9. These orders are made by consent based on the agreements reached by the parties and are in full and final settlement of all issues raised in Applications 5122036 ad 5216672.
10. Costs will lie where they fall.
Reasons:
1. Both parties attended the hearing today, each represented by counsel.
2. The parties resolved all matters in dispute.
3. The above orders are made by consent and are in full and final settlement of all matters raised in the applications before the Tribunal.
4. Because the settlement is akin to a mediated agreement the Tribunal suppresses the names and identifying details of both parties. The applications raised no issues of public interest that would require publication – see section 95A of the Residential Tenancies Act 1986.
[NAME] 16 May 2025
__________________________________________________________________________________ 5122036 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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenancy agreement was amended to set a new termination date of August 14, 2025.
- The weekly rent was adjusted to $500.00 per week.
- The tenant was required to pay two weeks' rent in advance, totaling $1,000.00, by May 21, 2025.
- The tenancy will end and possession will transfer to the landlord if rent is overdue by at least seven days.
- The landlord gave up their claim for rent arrears up to and including May 15, 2025.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision amended the tenancy agreement to include advanced rent payments and specific conditions for termination.
What was the dispute about?
The dispute was about the tenant's failure to pay rent on time, leading to rent arrears.
How did the court decide, and why?
The court decided to amend the tenancy agreement to ensure timely rent payments and prevent future arrears.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 54, was applied.
What was the argument that mattered most?
The argument that mattered most was the need to ensure the tenant pays rent on time to avoid termination of the tenancy.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case, as it required the tenant to make advanced rent payments.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they pay rent on time to avoid changes to their tenancy agreement.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.