Tenancy Terminated Due to Rent Arrears and Water Rates
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant did not pay rent and water rates on time. The landlord was given $1,493.87.
⚖️ Legal holding
A tenant's failure to remedy a breach within the required period and ongoing rent arrears can lead to tenancy termination.
📖 Technical summary
The Tenancy Tribunal terminated a tenancy for breach of obligations and awarded the landlord $1,493.87.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant for failing to remedy breaches related to rent arrears and water rates within the required period. The landlord was awarded $1,493.87.
📚 Full judgment Official document
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[2025] NZTT 5113888
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [NAME]/[NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] - As Agent For [NAME]/[NAME], at 12.00pm on 21 June 2025.
2. The Tenant shall pay the Landlord $1,493.87 immediately or as agreed by the Landlord.
Description Landlord Tenant Rent arrears to 1 April 2025 $610.00 Water rates to 1 April 2025 $856.87 Filing fee reimbursement $27.00 Total award $1,493.87 Total payable by Tenant to Landlord $1,493.87
Reasons:
1. The Landlord attended the hearing by video. The Tenant did not attend by video or answer the telephone call made by the Tribunal.
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2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, water rates arrears and reimbursement of the filing fee. The Landlord with drew the claim for bond refund at the hearing.
3. The Landlord provided rent and water rates records that prove the amount owing.
Should the tenancy be terminated?
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. See section 56(1) Residential Tenancies Act 1986.
5. 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.
6. The tenant has breached their obligations by failing to pay the water rates on time.
7. The landlord served a 14-day notice on the tenant on 16 December 2025 and the tenant did not remedy the breach within the required period.
8. It would be inequitable to refuse to terminate the tenancy because the Tenant has been in rent arrears also.
9. As the Landlord has been wholly successful, the Tenant must reimburse the filing fee.
A Aiolupotea 01 April 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 proved the tenant owed rent arrears and water rates arrears.
- The tenant failed to remedy the breach of paying water rates within the required 14-day period.
- The tenant has been in rent arrears, making it inequitable to refuse termination.
❌ Tends to be rejected
- The tenant did not attend the hearing or respond to the tribunal's call, thus failing to present any defense.
- The landlord's request for bond refund was withdrawn at the hearing, so this claim was not considered.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenancy and ordered the tenant to pay $1,493.87 to the landlord.
What was the dispute about?
The dispute was about the tenant's failure to pay rent and water rates on time.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant did not remedy the breaches within the required period and was in rent arrears.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The most important argument was that the tenant failed to remedy the breaches within the required period and was in rent arrears.
Was the decision for or against the person who brought the case?
The decision was against the tenant 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 tenancy termination.
What evidence or documents mattered?
The landlord provided rent and water rates records proving the amounts owing.