Tenant Liable for Water Rates and Property Damage
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay for damages to the rental property that exceed normal wear and tear, as well as any unpaid water bills at the end of the tenancy. In this case, the tenant was ordered to pay $1,575.04 from the bond to cover cleaning costs, repairs, and water rates.
⚖️ Legal holding
A tenant is liable for the cost of repairing damage that exceeds fair wear and tear and for unpaid utility bills at the end of the tenancy.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean and tidy, and leaving it in a similar condition when moving out, removing all their belongings and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal awarded the landlord $1,575.04 from the bond for various damages and unpaid water rates.
📜 Headnote Official document
The Tenancy Tribunal awarded the landlord $1,575.04 from the bond for various damages and unpaid water rates at the end of the tenancy. The tenant was found liable for leaving the premises unclean, causing damage to the property, and failing to pay outstanding water rates.
📚 Full judgment Official document
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[2025] NZTT 5113174
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] to pay [NAME] $1,575.04 from the bond, as calculated in the table below:
Description Landlord Tenant Downlight cover replacement $57.50 Window repairs $154.64 Cleaning and rubbish removal $568.00 Repairs: Insurance excess for painting repairs $550.00 Filing fee reimbursement $27.00 Water rates to 28 November 2024 $217.90 Total award $1,575.04 Bond $1,575.04 $1,024.96
2. The Bond Centre is to pay the bond of $2,600.00 (6148896-004) immediately apportioned as follows:
[NAME]: $1,575.04
[NAME] and [NAME]: $1,024.96
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Reasons:
1. The landlord attended the hearing. The tenant did not attend and did not respond when telephoned on the number ending in 001.
2. The landlord has applied for outstanding water rates, compensation, partial refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for water rates?
3. The tenancy ended on 5 December 2024. The landlord provided outstanding water rates invoices which prove the amount owing through to 28 November 2024 of $217.90.
Did the tenant comply with their obligations at the end of the tenancy?
4. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
5. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord has provided photographs as evidence together with an invoice for the cost for cleaning and rubbish removal of $568.00.
6. The following chattels were missing at the end of the tenancy: a single downlight cover. The landlord had to replace this and has provided evidence for the cost of $57.50.
7. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
8. A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
9. Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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10. Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
11. Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
12. Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
13. Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
14. The following damage was caused during the tenancy: the walls were intentionally painted with a colour that was not approved by the landlord, did not match other wall colours, and had to be repainted. There were also three broken windows at the property. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
15. The landlord has provided evidence of the insurance excess cost and an invoice for the window repairs.
16. The amounts ordered are proved.
17. [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
R Harvey-Lane 13 March 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 amount of outstanding water rates with invoices.
- The landlord provided photographs and an invoice to show the premises were not left clean and tidy.
- The landlord showed evidence for the cost of replacing a missing downlight cover.
- The tenant intentionally painted the walls an unapproved color and broke three windows.
- The landlord provided evidence of the insurance excess cost and an invoice for window repairs.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided that the tenant must pay $1,575.04 from the bond to cover cleaning costs, repairs, and water rates.
What was the dispute about?
The dispute was about the tenant's responsibility for cleaning the property, making necessary repairs, and paying outstanding water rates at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant was liable for the costs because the damages exceeded fair wear and tear and the tenant failed to comply with their obligations at the end of the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 49B, were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was responsible for leaving the property reasonably clean and for covering any damages that exceeded fair wear and tear.
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 tenants in a similar situation, it means they could be held responsible for cleaning the property, making necessary repairs, and paying any outstanding utility bills at the end of the tenancy.
What evidence or documents mattered?
Photographs of the property, invoices for cleaning and repair costs, and water rate invoices mattered in this decision.