Tenants Ordered to Pay Rent Arrears and Current Rent
📌 In brief
The Tenancy Tribunal ruled that tenants must pay their landlord for unpaid rent and the current month's rent or face eviction. The decision includes a conditional termination order if payments are missed.
⚖️ Legal holding
A tenant must comply with payment orders within the specified period to avoid tenancy termination and immediate possession by the landlord.
📖 What the law says
This rule states that if a tenancy has ended, the Tenancy Tribunal must issue an order giving possession of the property to the person who is entitled to it. It also says that certain orders made by the Tribunal that end a tenancy automatically act as an order giving possession of the property to the landlord.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered tenants to pay rent arrears and current rent, granting a conditional termination order.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenants to pay rent arrears of $2,873.28 and current rent of $650.00 by specified dates. A conditional termination order was granted if payments are not made within two working days.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5470649
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [RESPONDENT] and [RESPONDENT] owes [APPELLANT] $2,873.28 (“the debt”) being $2845.28 in rent arrears to Tuesday 2 June 2026 and $28.00 for the application filing fee.
2. [RESPONDENT] and [RESPONDENT] must pay [APPELLANT]:
3. $650.00 on Wednesday 3 June 2026 for current rent
a) $650.00 on Wednesday 3 June 2026 for current rent
b) $3,523.28 on Wednesday 10 June 2026 being $650.00 for current rent and $2,873.28 as full payment of the debt.
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.
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.
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Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for termination of the tenancy and rent arrears.
3. The parties tell me that the rent arrears occurred because the benefit of one of the parties was paused. They have asked me to allow one week for the issue to be remedied with WINZ before termination occurs.
4. Because the applicant has been successful in their application I have awarded the filing fee.
Should a conditional termination order be made?
5. 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.
6. 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.
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.
[NAME] 02 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 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, 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 Tenant's Tenancy Terminated for Rent Arrears
- Tenancy Tribunal Tenant’s Abandoned Property Can Be Disposed Of By Landlord, Says Tenancy Tr…
- Tenancy Tribunal Tenancy Terminated for Tenant’s Abandonment and Rent Arrears
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Rent and Arrears
- Tenancy Tribunal Tenant Ordered to Pay $1,160.41 in Rent Arrears and Cleaning Costs
- Tenancy Tribunal Tenant's Tenancy Terminated for Abandonment and Arrears
- Tenancy Tribunal Tenant Ordered to Pay Landlord Over $2,000 for Rent Arrears
- Tenancy Tribunal Tenant Ordered to Pay Arrears and Vacate Property
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Cleaning Costs
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
- Tenant complied with payment orders within the specified period to avoid tenancy termination.
- Tenant returned premises in a reasonably clean and tidy state at the end of tenancy.
- Tenant paid rent arrears before the landlord filed an application under section 54.
- Landlord provided robust documentary evidence to substantiate claims regarding abandonment or non-payment of rent.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
Tenants were ordered to pay rent arrears and current rent, with a conditional termination order in place.
Who was involved?
A landlord and two tenants were involved in the dispute over unpaid rent.
How did the court decide, and why?
The Tribunal granted the landlord's request for payment of arrears and current rent to avoid further breaches.
Which laws or rules were applied?
Sections 54 and 64(4)(b) of the Residential Tenancies Act 1986 were cited in the decision.
What was the argument that mattered most?
The tenants' failure to pay rent on time led to the conditional termination order being granted.
Was the decision for or against the person who brought the case?
The decision was for the landlord, as they were successful in their application.
What does this mean for someone in a similar situation?
Tenants must pay rent arrears and current rent on time to avoid eviction and further legal action.
What evidence or documents mattered?
The hearing involved the presentation of evidence regarding unpaid rent and the parties' agreement on remedying the issue.
Can a decision like this be appealed?
Yes, either party can appeal within 10 working days using the appropriate form.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer for specific guidance on your situation.
