Tenant Ordered to Pay Rent and Water Rates Arrears After Non-Compliance
📌 In brief
In this case, the Tenancy Tribunal ordered the tenant to pay rent and water rates arrears after they failed to leave the property clean and tidy as required by law. The landlord received partial compensation for their losses.
⚖️ Legal holding
A tenant is responsible for rent and water rates arrears if they do not comply with their obligations at the end of tenancy.
📖 What the law says
This rule states that a tenant must pay rent on time as agreed in their tenancy agreement. It also requires tenants to keep the property reasonably clean and tidy, and to leave it in that condition, removing all their belongings and rubbish when they move out.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant was awarded a portion of the rent and water rates arrears, bond refund, and filing fee reimbursement after proving tenant non-compliance.
📜 Headnote Official document
The Tenancy Tribunal ruled that the tenant must pay rent and water rates arrears after failing to comply with their obligations at the end of tenancy. The landlord was awarded a portion of the bond, filing fee reimbursement, and other costs.
📚 Full judgment Official document
OUTCOME: Allowed in Part
__________________________________________________________________________________ 5417871 1
[2026] NZTT 5417871
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [RESPONDENT] and [NAME] [RESPONDENT] must pay [COMPANY] As Agent For [COUNSEL] $206.23 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 11 November 2025 $1,885.71 Water rates: to 11 November 2025 $2,142.02 Replace missing hallway smoke alarm $19.00 Cleaning $517.50 Repairs: Bedroom walls and lock repairs $414.00 Filing fee reimbursement $28.00 Total award $5,006.23 Bond $4,800.00 Total payable by Tenant to Landlord $206.23
2. The [COMPANY] is to pay the bond of $4,800.00 (BN-17543578) to [COMPANY] As Agent For [NAME] immediately.
Reasons:
1. The landlord attended the hearing. The tenant did not.
2. I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
__________________________________________________________________________________ 5417871 2
3. The landlord has applied for rent and water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent and water rates?
4. The tenancy ended on 11 November 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The tenants had not paid water rates for a large percentage of their tenancy. The water rates owing are for the period February 2025 to November 2025.
Did the tenant comply with their obligations at the end of the tenancy?
5. 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.
6. The tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.
7. The smoke alarm from the hallway was missing at the end of the tenancy.
8. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
9. 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.
10. 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.
11. 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.
__________________________________________________________________________________ 5417871 3
12. 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.
13. 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.
14. 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. [NAME] v Korck [2019] NZHC 1541.
15. The tenants caused damage to the bedroom walls and damaged a lock during the tenancy. The damage has resulted from the careless acts or omissions of the tenants or persons in the premises with their consent. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
16. The amounts ordered are proved.
17. I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Reimbursement of filing fee
18. [COMPANY] As Agent For [COUNSEL] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
03 June 2026
__________________________________________________________________________________ 5417871 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 $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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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/
__________________________________________________________________________________ 5417871 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].
Reasons:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenancy Tribunal Decision: Cleaning Costs and Damage Liability
- Tenancy Tribunal Tenant Must Repay Rent Arrears or Face Eviction
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Water Rates and Repairs
- Tenancy Tribunal Tribunal Awards Water Rate Refund and Minor Repairs in Tenancy Dispute
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears; Cleaning Claim Rejected
- Tenancy Tribunal Tenant’s Rent Arrears Limited Due to Incarceration and Landlord’s Delay
- Tenancy Tribunal Tenant Ordered to Pay $2818.44 for Damage and Cleaning
- Tenancy Tribunal Tenancy Terminated Due to Tenant’s Absence at Hearing
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Arrears and Rates
- Tenancy Tribunal Tenant Ordered to Pay Landlord $3,519.97 for Rent Arrears and Damage
- Tenancy Tribunal Tenant Must Pay $1,924 in Rent Arrears and Damages
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Cleaning Costs
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- Tenant is liable for rent arrears if they do not comply with their obligations at the end of tenancy.
- Tenant must leave premises reasonably clean and tidy at the end of a tenancy agreement.
- Tenant is responsible for damage to the premises that exceeds fair wear and tear.
- Tenant must comply with payment obligations or face termination of tenancy.
- Tenant's failure to attend a hearing can result in an order terminating their tenancy and awarding rent arrears to the landlord.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tribunal ruled that the tenant must pay a portion of rent, water rates arrears, bond refund, and filing fee reimbursement.
Who was involved?
A landlord and tenants were involved in a dispute over unpaid rent and water rates.
How did the court decide, and why?
The tribunal decided that the tenant must pay based on evidence of non-compliance with tenancy obligations.
Which laws or rules were applied?
Section 40(1)(e) and (ca) of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The tenant's failure to comply with end-of-tenancy obligations was crucial in the decision.
Was the decision for or against the person who brought the case?
The decision was for the landlord, as they received partial compensation.
What does this mean for someone in a similar situation?
Tenants must comply with end-of-tenancy obligations to avoid financial penalties.
What evidence or documents mattered?
Rent records and water rates invoices were key pieces of evidence.
Can a decision like this be appealed?
Yes, both parties can appeal the decision within 10 working days at the District Court.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer for specific guidance.