Conditional Termination Order for Unpaid Water Rates
📌 In brief
The Tenancy Tribunal granted a conditional termination order for unpaid water rates, allowing the landlord to regain possession if the tenant fails to pay within two working days. The tenant was notified of the hearing but did not attend.
⚖️ Legal holding
A tenant must remedy breaches within the required period or face termination of the tenancy.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if one party breaks the tenancy agreement or the Act. If the problem can be fixed, the party who complained must have given the other party a notice explaining the problem and at least 10 working days to fix it, and the other party failed to do so.
This section states that the Tenancy Tribunal should resolve disputes between landlords and tenants fairly and quickly. The Tribunal will decide cases based on general legal principles and the overall fairness of the situation, rather than being strictly bound by legal technicalities.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal granted a conditional termination order for unpaid water rates.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order for unpaid water rates, allowing the landlord to regain possession if the tenant fails to pay within two working days. The tenant was notified of the hearing but did not attend.
📚 Full judgment Official document
__________________________________________________________________________________ 5187242 1
[2025] NZTT 5187242
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] As Agents For [NAME] $1,249.06 (“the debt”) in accordance with the following table:
Description Landlord Tenant Water rates $1,222.06 Filing fee reimbursement $27.00 Total award $1,249.06 Total payable by Tenant to Landlord $1,249.06
2. [NAME] must pay the debt by 15 April 2025.
3. Payments will be allocated in the following order: rent, water rates arrears, and then the filing fee.
4. If [NAME] fails to pay the water rates arrears within 2 working days of 15 April 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.
5. If [NAME] fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
__________________________________________________________________________________ 5187242 2
Reasons:
1. The landlord attended the hearing represented by [NAME].
2. The tenant did not attend and did not answer the calls made to her phone during the hearing. She 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 her absence.
3. The landlord has applied for conditional termination of the tenancy, on the basis of water rates arrears.
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. The tenant has breached her obligations to pay for her water usage. On 11 December 2024 and 24 February 2025, the landlord served 14-day notices on the tenant but the breach was not remedied within the required periods.
6. In the circumstances I consider it just1 to grant the conditional termination order2 sought by the landlord. The landlord wishes to provide the tenant with one further chance to remedy the situation. She is therefore advised to contact her property manager immediately to make arrangements to repay the debt.
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]
01 April 2025
1 Pursuant to section 85 of the RTA 2 See section 78(3) RTA
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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 [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]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/disputes/enforcing-decisions/
__________________________________________________________________________________ 5187242 4
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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord's request for conditional termination was granted because the tenant failed to pay for water usage.
- The landlord properly served 14-day notices to the tenant, but the tenant did not fix the breach.
- The Tribunal decided it was fair to issue a conditional termination order.
- The landlord succeeded entirely with the claim, so the tenant must pay back the filing fee.
❌ Tends to be rejected
- The tenant's arguments were not considered because she did not attend the hearing.
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 unpaid water rates, allowing the landlord to regain possession if the tenant fails to pay within two working days.
What was the dispute about?
The dispute was about unpaid water rates and the landlord's request for termination of the tenancy.
How did the court decide, and why?
The court decided to grant the conditional termination order because the tenant failed to remedy the breach of paying water rates within the required period.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 56(1) and 85 were applied.
What was the argument that mattered most?
The most important argument was that the tenant had not remedied the breach of paying water rates 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?
For someone in a similar situation, failing to remedy a breach within the required period could lead to a conditional termination order.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.