Tenant ordered to pay $5,828.96 in rent arrears and water rates
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $5,828.96 in rent arrears and water rates, granting a conditional termination order to avoid eviction. The order incorporates a previous sealed mediator's order.
⚖️ Legal holding
A tenant must pay rent arrears and water rates to avoid termination of the tenancy under the Residential Tenancies Act 1986.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice from their landlord to end the tenancy. The tenant must apply within 14 working days if they believe the landlord gave the notice because the tenant used or planned to use their rights under the tenancy agreement or the law, or because the tenant complained about the landlord.
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, granting a conditional termination order.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $5,828.96 in rent arrears and water rates, granting a conditional termination order to avoid eviction. The order incorporates a previous sealed mediator's order.
📚 Full judgment Official document
__________________________________________________________________________________ 4879943 1
[2024] NZTT 4879943
TENANCY TRIBUNAL - North Shore | Ōkahukura
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
2. [NAME] and [NAME] must pay [COMPANY] As Agent For [NAME] $5,828.96 (“the debt”) as calculated in the table below:
Description Landlord Tenant Rent arrears from O2 November 2023 to 26 July 2024 $1,337.14 Previous Order application 4652513 dated 01/11/2023 $2,835.69 Filing fee reimbursement $20.44 Water rates for arrears from 02/11/2023 $1,023.44 Total award $5,216.71 Total payable by Tenant to Landlord $5,216.71
3. This order incorporates the sealed Mediator’s Order made on 01 November 2023 under application 4652513.
4. [NAME] and [NAME] must pay [COMPANY] As Agent For [NAME] the debt by 11:59pm on 09 August 2024.
__________________________________________________________________________________ 4879943 2
5. If the payment of $3,540.14, being rent arrears to 01 November 2023 of $2,203.00 from the sealed Mediator’s Order and rent arrears from 02 November 2024 to 26 July 2024 (the “Rent Arrears”) is not paid by 11:59pm on the due date, then:
a. The tenancy at [ADDRESS], [POSTCODE] shall terminate immediately, and the landlord will have immediate possession of the premises;
b. The balance of the Rent Arrears shall be payable immediately.
6. If the payment of $1,676.57 being the remainder of the debt that does not relate to rent arrears1 is not paid by 11:59pm on the due date, then the balance shall be payable immediately.
Reasons
1. Mr [NAME] and Ms [NAME] attended the attended the hearing on behalf of the landlord. Both tenants attended the hearing.
2. The landlord has applied for termination of the tenancy, rent arrears and unpaid water rates. The tenant wishes to repay the debt to avoid immediate termination.
3. The landlord has provided invoices for water consumption rates which prove the amount owing for water. The tenant does not dispute this amount. The application for payment of unpaid water consumption rates is granted.
4. On 01 November 2023, the parties agreed as recorded in a sealed Mediator’s Order that the tenant would pay the sum of $2,835.69 being $2,203.00 for rent arrears to 01 November 2023, $612.25 for water arrears to 01 November 2023 and reimbursement of the filing fee. The previous order is incorporated into this order for enforcement purposes.
Should a conditional termination order be made?
5. Section 55(1)(a) and (1A) of the Residential Tenancies Act 1986 (RTA) provides that where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order.
6. The landlord has provided rent records in the form of a rent ledger which prove the amount owing and that the rent has been in arrears for at least 21 days.
7. I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional
1 $612.25 for water arrears to 01 November 2024 and reimbursement of the filing fee as agreed by the parties and record in the Sealed Mediator’s Order of 01 November 2023, application Number, 4652513 and $1,023.44 being unpaid water arrears from 02 November 2023 to 26 July 2024 and the filing fee.
__________________________________________________________________________________ 4879943 3
termination order.
8. The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. (See section 64(4)(b) of the RTA.)
9. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim. Therefore, I must reimburse the filing fee.
[NAME]
26 July 2024
__________________________________________________________________________________ 4879943 4
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 $200. 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/
__________________________________________________________________________________ 4879943 5
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].
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord proved the amount of rent arrears and that the rent was overdue for at least 21 days using rent records.
- The landlord provided invoices that proved the amount owed for water consumption rates.
- The tenant did not dispute the amount owed for water consumption rates.
- The Tribunal was satisfied the tenant would pay the debt and was unlikely to breach the agreement again.
- The landlord succeeded with the claim, so the filing fee was reimbursed.
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 $5,828.96 in rent arrears and water rates, granting a conditional termination order to avoid eviction.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and water rates, leading to a request for termination of the tenancy.
How did the court decide, and why?
The court decided to grant the landlord's request for payment of rent arrears and water rates, as the tenant did not dispute the amounts owed.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 54, was applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's agreement to pay the outstanding rent and water charges to avoid termination of the tenancy.
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 and utility bills on time to avoid eviction.
What evidence or documents mattered?
The evidence included rent ledgers and invoices for water consumption rates.