Conditional Termination Order for Non-Payment of Water Rates
📌 In brief
The Tenancy Tribunal granted a conditional termination order for a tenant's failure to pay water rates. The tenant must pay the debt by a specified date or face termination of the tenancy and immediate possession by the landlord.
⚖️ Legal holding
A tenant must remedy a breach within the required period to avoid termination of the tenancy.
📖 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. For breaches that can be fixed, the party who complained must have given the other party a notice explaining the problem and allowing at least 10 working days to fix it, and the other party must have failed to fix it within that time.
This section outlines some of the types of orders the Tenancy Tribunal can make. These include declaring the status of premises or agreements, ordering a party to give possession of premises to another, or ordering a party to pay money.
This section states that the Tenancy Tribunal should handle disputes in a way that leads to fair and quick solutions. The Tribunal should decide cases based on general legal principles and what is fair and just, rather than being strictly bound by legal technicalities.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal granted a conditional termination order for non-payment of water rates.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order for a tenant's failure to pay water rates, requiring payment within two working days or facing termination of the tenancy and immediate possession by the landlord.
📚 Full judgment Official document
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[2025] NZTT 5181011
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] As Agents For [NAME] $406.99 (“the debt”) in accordance with the following table:
Description Landlord Water rates $379.99 Filing fee reimbursement $27.00 Total award $406.99 Total payable by Tenant to Landlord $406.99
2. [NAME] must pay the debt by Friday 6 June 2025.
3. If [NAME] fails to pay the water rates arrears within 2 working days of the 6 June 2025:
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.
4. 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. The landlord attended the hearing represented by [NAME].
2. There was no appearance for [NAME], and he did not answer the calls made to both mobile numbers held for him during the hearing. He had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in his absence.
3. The landlord has applied for termination of the tenancy, water rates arrears and refund of the bond.
Should a conditional termination order be made?
4. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable 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) RTA.
5. [NAME] has breached his obligations by failing to pay his water rates. On 27 February 2025 the landlord served a 14-day notice on him, but the breach was not remedied within the required period.
6. [NAME] has advised the landlord that he can pay the debt next week. Accordingly, I consider it just to give him an opportunity to do so to avoid termination of the tenancy. Accordingly, I have granted a conditional termination. See sections 78(3) and 85 of the RTA.
7. 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.
8. [COMPANY] As Agents For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
30 May 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 landlord was reimbursed for the filing fee because their claim was successful.
- The tenant breached obligations by not paying water rates.
- The landlord served a 14-day notice, but the tenant did not remedy the breach within that time.
- A conditional termination order was granted, giving the tenant a chance to pay the debt and avoid termination.
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 for a tenant's failure to pay water rates.
What was the dispute about?
The dispute was about the tenant's failure to pay water rates as required by the tenancy agreement.
How did the court decide, and why?
The court decided to grant a conditional termination order because the tenant failed to remedy the breach within the required period.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 56(1), 78(3), and 85 were applied.
What was the argument that mattered most?
The most important argument was that the tenant failed to remedy the breach within the required 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 should ensure they remedy any breaches within the required period to avoid termination of their tenancy.
What evidence or documents mattered?
The evidence included the notice served by the landlord and the tenant's failure to pay the water rates within the required period.