Tribunal grants conditional termination order for $636.08 debt in Auckland
📌 In brief
The Tenancy Tribunal ordered a tenant to pay rent arrears and a filing fee under a conditional termination order. The tenant did not appear at the hearing and did not seek an adjournment.
⚖️ Legal holding
A tenant must pay rent arrears and a debt over a specified period to avoid termination under the Residential Tenancies Act 1986, s 54, where rent is at least 21 days in arrears.
📖 What the law says
This rule states that the Tribunal must end a tenancy if the rent was at least 21 days overdue when the landlord applied to the Tribunal. It also covers situations where a tenant has caused significant damage or threatened the landlord or others.
This rule explains that if a tenancy ends, the Tribunal will issue an order giving possession of the property back to the person who is entitled to it. It also clarifies that an order ending a tenancy, such as one made under section 55, automatically acts as an order for the landlord to get the property back.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal granted a conditional termination order for a tenant owing $636.08, to be paid over 31 weeks with a final payment of $178.08.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order requiring the tenant to pay rent arrears and a filing fee. The tenant failed to appear at the hearing and did not seek an adjournment.
📚 Full judgment Official document
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[2026] NZTT 5475794
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] $636.08 (“the debt”).
2. [NAME] must pay current rent and the debt as follows:
a. By 31 weekly payments of $182.00, being $162.00 for current rent and $20.00 for the debt.
b. A final payment of $178.08, being $162.00 for current rent and $16.08 for the debt.
c. Payments will be every Wednesday, with the first payment on 17/06/2026 and continuing until 20/01/2027.
3. Payments will be allocated in the following order: current rent, rent arrears, and the filing fee.
4. If the tenant fails to pay rent and rent arrears within 5 working days of the due dates:
a. The tenancy at Unit/Flat [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 5 working days of the due date, the filing fee will be payable immediately.
Description Landlord Tenant Rent arrears to 15 June 2026 $608.08 Filing fee reimbursement $28.00 Total award $636.08 Total payable by Tenant to Landlord $636.08
Reasons:
1. The hearing was held via video conference.
2. [NAME] appeared on behalf of the landlord via video conference.
3. [NAME], the tenant, did not appear. I attempted to contact her using two different mobile numbers ending in 3661 and 7767, but was unsuccessful.
4. [NAME] did not contact the Registry to explain why she could not attend or to seek an adjournment. I proceeded with the hearing in her absence.
5. 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?
6. 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.
7. [NAME] informed me that the tenant had arranged to pay her rent arrears with her case manager. This arrangement had already taken effect.
8. I have reviewed the rent summary, and the regular rent is now paid on time, with an additional $20 to pay off the rent arrears.
9. Accordingly, 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.
10. 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.
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Filing fee
11. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
M Kan
16 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 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 had arranged to pay rent arrears with her case manager.
- Regular rent is now paid on time, with an additional $20 to pay off the rent arrears.
- The tenant is unlikely to commit any further relevant breach based on the current payment arrangements.
- The landlord has applied for termination of the tenancy and refund of the bond successfully.
- The landlord has wholly succeeded with the claim for rent arrears and the filing fee.
❌ Tends to be rejected
- The tenant did not appear in the hearing and did not contact the Registry to explain her absence or seek an adjournment.
- The tenant failed to provide any explanation for the rent arrears before the hearing.
- The tenant did not request a rehearing or appeal the decision within the specified timeframe.
- The tenant did not offer any alternative solutions or proposals to address the rent arrears issue.
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 requiring the tenant to pay rent arrears and a filing fee.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and the landlord's request for a termination of the tenancy.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant had arranged to pay the rent arrears and was paying rent on time with an additional amount towards the arrears.
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 that the tenant had arranged to pay the rent arrears and was paying rent on time with an additional amount towards the arrears.
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?
For someone in a similar situation, arranging to pay rent arrears and maintaining timely rent payments can lead to a conditional termination order instead of an outright termination.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.