Tenancy Terminated for Rent Arrears and Unpaid Water Rates
📌 In brief
The Tenancy Tribunal ended a rental agreement because the tenant didn't pay rent on time. The tenant was told to pay back the missed rent and cover unpaid water bills.
⚖️ Legal holding
A tenant must pay rent arrears and compensate for unpaid water rates when the tenancy is terminated due to non-payment of rent.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies to the Tribunal. It also covers situations where the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and the tenant was ordered to pay outstanding rent and water rates.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears and ordered the tenant to pay outstanding rent and water rates. The landlord provided proof of rent arrears and unpaid water rates, leading to the termination of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5158814
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
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], at 11:59pm, Wednesday 28 May 2025.
2. The Bond Centre is to pay the bond of $2,480.00 (6021863-003) to [COMPANY] immediately.
3. [NAME] must pay [COMPANY] $6,683.69 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 20 May 2025 $7,710.00 Rent 21 - 28 May 2025 $640.00 Water rates 17 May 2024 to 9 May 2025 $813.69 Total award $9,163.69 Bond $2,480.00 Total payable by Tenant to Landlord $6,683.69
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Reasons:
1. The landlord attended the remote hearing. The tenant did not attend. A call to the tenant’s last known mobile number went to voicemail.
2. The landlord has applied for termination of the tenancy, rent arrears and compensation for unpaid water rates.
How much is owed for rent?
1. The landlord provided rent records which prove that as at 20 May 2025, the tenant owed the landlord $7,710.00 in rent arrears.
2. An order is made accordingly.
Should the tenancy be terminated?
3. Rent was at least 21 days in arrears on the date the application was filed, therefore the tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
4. The landlord sought an order that the tenancy terminate in one week’s time to allow the tenant time to make necessary arrangements.
5. An order is made accordingly.
6. The tenant must pay rent until the end of the tenancy.
How much is owed for water rates?
7. The landlord provided tenancy invoice records and water rates invoices which prove the tenant did not make payments for water consumed during the tenancy.
8. [NAME] invoices were provided for the period 17 May 2024 to 9 May 2025, as proof $813.69 in water consumption charges were not paid by the tenant.
9. The landlord also claimed compensation of a further $61.43 for water consumed between 16 April 2024 and 17 May 2024, however a [NAME] invoice was not filed to prove that amount.
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10. An order is made for the amount proven, being $813.69.
N Small
21 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 tenant owes $7,710.00 in rent arrears as of 20 May 2025.
- The tenancy is terminated due to rent being at least 21 days in arrears.
- The tenant must pay $813.69 for unpaid water rates from 17 May 2024 to 9 May 2025.
❌ Tends to be rejected
- The tenant did not provide any evidence or explanation for the arrears and unpaid water rates.
- The landlord's claim for an additional $61.43 in water rates could not be proven due to lack of documentation.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated and the tenant was ordered to pay rent arrears and unpaid water rates.
What was the dispute about?
The landlord wanted to end the tenancy because the tenant hadn't paid rent and had not covered water bills.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears when the application was filed.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 55(1)(a) was applied.
What was the argument that mattered most?
The landlord's argument that the rent was at least 21 days in arrears when the application was filed was the most important.
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 pay their rent on time to avoid having their tenancy terminated.
What evidence or documents mattered?
The evidence included rent records and water rates invoices showing the tenant's arrears and unpaid water bills.