Tenant ordered to pay $801.87 for rent arrears and water rates
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay $801.87 to the landlord, covering rent arrears and water rates. However, the tribunal decided not to terminate the tenancy because the tenant's arrears were relatively small.
⚖️ Legal holding
A tenant must pay rent arrears and water rates when proven by records and invoices.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if one party has broken the tenancy agreement or the Act. If the problem can be fixed, the party who complained must have given the other party at least 10 working days' notice to fix it, and they failed to do so.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and water rates, but declined to terminate the tenancy due to the low arrears.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $801.87 to the landlord, including rent arrears and water rates, but declined to terminate the tenancy due to the low amount of arrears.
📚 Full judgment Official document
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[2025] NZTT 5126369
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $801.87 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 11 April 2025 $685.00 Water rates $89.87 Filing fee reimbursement $27.00 Total award $801.87 Total payable by Tenant to Landlord $801.87
Reasons:
1. Both parties attended the hearing which was held by teleconference. [NAME] was present but due to illness gave her mother [NAME] authority to speak on her behalf.
2. The landlord has applied for termination, rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
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How much is owed for rent and water rates?
3. The landlord provided rent records and water rates invoices which prove the amount owing as of 11 April 2025 is $685.00 for rent arrears and $89.87 for water rates. A further week’s rent in advance will become due on 11 April 2025.
4. At the date of the application to Tenancy Services, the tenant was $1,045.00 in arrear.
5. The landlord stated that since November 2022, twenty-three 14-day notices to remedy breach for arrears have been served on the tenant.
6. Section 56 of the Residential Tenancies Act, 1986 gives the Tribunal the power to terminate a tenancy for failing to remedy a breach, unless it would be inequitable to do so.
7. At the date of the hearing the tenant is less than seven days’ in arrear. I consider it would be inequitable to terminate the tenancy for failing to remedy the breach under the 14-day notice provision due to the current arrears being so low.
8. I acknowledge the landlord’s frustration at the ongoing situation of the tenant being in arrear. I note however that section 55(1)(aa) of the RTA is pointed to dealing with a situation such as this, and the landlord is at liberty to avail themselves of this provision whenever they wish.
9. As the situation stands, the tenant’s bond amply covers all arrears.
10. The tenant cannot be under any illusion that the landlord is tolerant of the current situation of ongoing rent arrears, even for small amounts.
11. [COMPANY] has substantially succeeded with the claim I have reimbursed the filing fee.
[NAME]
10 April 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 provided rent records and water rates invoices proving the amount owed.
- The tenant's bond covers all arrears, making termination inequitable given the low current arrears.
- The landlord is entitled to reimbursement of the filing fee.
❌ Tends to be rejected
- The landlord's frustration over ongoing rent arrears was acknowledged but not sufficient for termination.
- Terminating the tenancy for small arrears would be considered inequitable by the tribunal.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay $801.87 to the landlord, including rent arrears and water rates, but the tenancy will not be terminated.
What was the dispute about?
The landlord claimed rent arrears and water rates from the tenant, while the tenant argued against termination of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the specified amount but declined to terminate the tenancy because the arrears were low.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 54 and 56 were applied.
What was the argument that mattered most?
The argument that mattered most was the amount of arrears, which was deemed too low to justify termination of the tenancy.
Was the decision for or against the person who brought the case?
The decision was partly for the landlord and partly against, as the tenant had to pay but the tenancy was not terminated.
What does this mean for someone in a similar situation?
Someone in a similar situation might have to pay their rent arrears and water rates, but termination of the tenancy may not occur if the arrears are small.
What evidence or documents mattered?
The rent records and water rates invoices provided by the landlord mattered in proving the amount owing.