Tenant Ordered to Pay $1,293.98 for Water Rates and Cleaning Obligations
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $1,293.98 for various charges including water rates and repairs. The tenant failed to remove all rubbish and furniture from the property at the end of the tenancy, and the landlord provided photographic evidence and a skip bin expense receipt to support the claim.
⚖️ Legal holding
A tenant is responsible for outstanding water debts and cleaning up the premises at the end of the tenancy.
📖 What the law says
This section states that a tenant must keep the rented property reasonably clean and tidy. It also requires the tenant, when moving out, to remove all their belongings and rubbish, and leave the property in a reasonably clean and tidy state.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord $1,293.98 for various charges including water rates and repairs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $1,293.98 for various charges including water rates and repairs. The tenant failed to remove all rubbish and furniture from the property at the end of the tenancy, and the landlord provided photographic evidence and a skip bin expense receipt to support the claim.
📚 Full judgment Official document
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[2025] NZTT 5146173
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $1,293.98 immediately, calculated as shown in table below.
Description Landlord Tenant Previous order application 4997050 dated 15/11/2024 $411.23 Water rates $55.75 Rubbish removal $400.00 Repairs: Bedroom 2 window glass repair $400.00 Filing fee reimbursement $27.00 Total award $1,293.98 Total payable by Tenant to Landlord $1,293.98
Reasons:
1. The landlord attended the hearing via remote teleconference. An attempt was made to contact the tenant on the telephone number provided. The attempt was unsuccessful.
2. The landlord has applied for water arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
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How much is owed for water rates?
3. The tenancy ended on or about 16 November 2024. The landlord provided a Watercare invoice which prove the amount owing at the end of the tenancy. Having sighted this evidence I am satisfied that the tenant is responsible for this outstanding water debt.
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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
5. The landlord claims that the tenant did not remove all rubbish and furniture from the property at the end of the tenancy. Photographic evidence was provided to the Tribunal during the hearing in support of this claim. The landlord also provided confirmation of a skip bin expense receipt dated 27 November 2024.
6. The amount ordered is proved.
Is the tenant responsible for the damage to the premises?
7. 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.
8. 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.
9. 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.
10. 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.
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11. 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.
12. 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.
Bedroom window glass repair:
13. The landlord claims that the tenant damaged a bedroom window during the tenancy. The damage is more than fair wear and tear, and the tenant has not attended the hearing today and disproved liability for the damage. The landlord provided photographic evidence of the damaged window. I have also sighted an expense claim from [NAME] dated 26 November 2024.
14. The amount ordered is proved.
15. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
15 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 is responsible for outstanding water debts as proven by the Watercare invoice.
- The landlord provided photographic evidence showing the property was not left clean and tidy.
- The tenant did not attend the hearing to disprove liability for the damages claimed by the landlord.
- The landlord incurred expenses for rubbish removal and repairs due to the tenant's failure to clean and maintain the property.
❌ Tends to be rejected
- The tenant's non-attendance at the hearing did not provide any counter-evidence to refute the landlord's claims.
- The tenant did not provide any proof that the damages were due to fair wear and tear rather than neglect or misuse.
- The tenant did not offer any explanation or evidence to dispute the need for repairs or the associated costs.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenant to pay the landlord $1,293.98 for various charges including water rates and repairs.
What was the dispute about?
The dispute was about the tenant's failure to remove all rubbish and furniture from the property at the end of the tenancy and the outstanding water debt.
How did the court decide, and why?
The court decided that the tenant was responsible for the outstanding water debt and the cost of removing the rubbish and furniture left behind, as evidenced by photographs and a skip bin expense receipt.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 40(1)(ca) were applied.
What was the argument that mattered most?
The most important argument was the photographic evidence and the skip bin expense receipt provided by the landlord to show that the tenant had not removed all rubbish and furniture from the property.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that they remove all rubbish and furniture from the property at the end of the tenancy to avoid similar charges.
What evidence or documents mattered?
Photographic evidence and a skip bin expense receipt mattered in this case.