Tenant ordered to pay $13,126.12 for rent arrears and water rates
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $13,126.12 to the landlord for rent arrears and water rates. The landlord presented evidence showing the tenant's previous promises to settle the arrears, which the Tribunal considered as an effort to mitigate the financial loss.
⚖️ Legal holding
A tenant is required to pay rent arrears and water rates to the landlord under the Residential Tenancies Act 1986.
📖 What the law says
This rule states that if a tenant or landlord breaks their tenancy agreement or the Act, the other party must take reasonable steps to reduce any financial harm or loss caused by that breach. This is similar to how contracts generally require parties to limit their losses when a contract is broken.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and water rates to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $13,126.12 to the landlord for rent arrears and water rates. The landlord provided evidence of multiple promises from the tenant to address the arrears as a lump sum, indicating an attempt to mitigate the loss.
📚 Full judgment Official document
__________________________________________________________________________________ 5097508 1
[2025] NZTT 5097508
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $13,126.12 immediately, calculated as shown in table below:
Description Landlord Tenant Rent arrears to 30 November 2024 $13,793.00 Water rates $866.12 Filing fee reimbursement $27.00 Total award $14,686.12 Bond $1,560.00 Total payable by Tenant to Landlord $13,126.12
2. The Bond Centre is to pay the bond of $1,560.00 (3228605-009) to [COMPANY] immediately.
__________________________________________________________________________________ 5097508 2
Reasons:
1. The landlord attended the hearing, conducted via teleconference. Two calls to the tenant would not connect. I was satisfied adequate service had completed and I continued with the hearing after the delayed second call also failed.
2. The tenancy has ended. The landlord sought vacated rent arrears and water rates, and the release of the bond.
3. The landlord provided detailed summaries of rent and water. These establish the amounts as due and as ordered.
4. I had further questions of the landlord regarding the inflated rent arrears and any prior actions regarding this. There is a duty to mitigate a loss (see s 49 Residential Tenancies Act 1986). Having heard of the ongoing efforts of the landlord and of its concern for the tenant’s personal circumstances, and seen the evidence of multiple tenant promises to address the arrears as a lump sum, I consider the landlord was attempting to mitigate the loss and there are no grounds for a reduction in the amounts owing here.
Filing fee
5. [COMPANY] has substantially succeeded with the claim I have reimbursed the filing fee.
[NAME]
28 March 2025
__________________________________________________________________________________ 5097508 3
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/
__________________________________________________________________________________ 5097508 4
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 provided detailed summaries of rent and water, establishing the amounts as due.
- The tenant failed to attend the hearing, despite two unsuccessful attempts to connect.
- The landlord attempted to mitigate the loss by addressing the arrears as a lump sum with the tenant.
- The filing fee was reimbursed since the landlord substantially succeeded with the claim.
❌ Tends to be rejected
- The tenant's personal circumstances did not provide grounds for a reduction in the amounts owing.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was ordered to pay $13,126.12 to the landlord for rent arrears and water rates.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and water rates to the landlord.
How did the court decide, and why?
The court decided in favour of the landlord, considering the tenant's previous promises to settle the arrears as an effort to mitigate the financial loss.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 49 was applied.
What was the argument that mattered most?
The most important argument was the tenant's previous promises to settle the arrears, which indicated an attempt to mitigate the financial loss.
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 make efforts to mitigate any financial losses and fulfill their obligations under the Residential Tenancies Act.
What evidence or documents mattered?
The evidence of the tenant's previous promises to settle the arrears mattered in the decision.