Tenant Ordered to Pay Rent Arrears and Costs
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears, water rates, and rubbish removal costs. Despite the tenant's arguments about the rent increase and prepayment, the Tribunal sided with the landlord.
⚖️ Legal holding
A tenant must pay rent arrears, water rates, and rubbish removal costs as ordered by the Tribunal.
📖 What the law says
This rule says that a landlord can increase the rent, but they must follow certain conditions. These include giving the tenant written notice, stating the new rent amount and when it starts, and ensuring the new rent starts at least 60 days after the notice is given. Also, rent cannot be increased within 180 days of the last increase.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears, water rates, and rubbish removal costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, and rubbish removal costs. The tenant argued that the rent increase was improper and that they had prepaid rent, but the Tribunal found in favour of the landlord.
📚 Full judgment Official document
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[2025] NZTT 5080179
TENANCY TRIBUNAL AT PAPAKURA | TE TARAIPIUNARA RETIHANGA KI PAPAKURA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For [NAME] $1,211.43 immediately, as set out in table below:
Description Landlord Tenant Rent arrears to 2 December 2024 $3,185.71 Rubbish removal (as agreed at mediation) $129.00 Water rates (as agreed at mediation) $36.72 Total award $3,351.43 Bond $2,140.00 Total payable by Tenant to Landlord $1,211.43
2. [COMPANY] is to pay the bond of $2,140.00 (5097384-004) to [COMPANY] As Agent For [NAME] immediately.
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for rent arrears, water rates and rubbish removal costs incurred at the end of the tenancy on 2 December 2024.
3. By mediator’s order dated 23 December 2024, the parties attended mediation and confirmed the amounts agreed as owing towards rubbish removal costs and water rates of $129.00 and $36.72 respectively.
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4. Only the landlord’s claim for rent arrears was unresolved which I have now addressed today.
5. The tenant contends that the rent should not have been increased to $620.00 on 7 September 2024 because the landlord had not carried out any refurbishment work on the premises which the landlord was initially wanting to do. Further, the tenant also contends that the rent is paid to 2 November 2024 with his last payment of $575.00 on 23 October 2024.
6. On the issue of rent increase, I find that the landlord is entitled to increase the rent pursuant to section 24 Residential Tenancies Act 1986 (‘RTA’) by giving of at least 60 days’ written notice. There is nothing before me to indicate that the landlord had waived their right to increase the rent or made it conditional on refurbishment works being carried out.
7. The landlord’s notice dated 1 July 2024 to increase the rent from $575.00 to $620.00 with effect from 7 September 2024 complies with section 24 RTA. Notably it was served with at least 60 days’ written notice and the last increase was over a year ago.
8. The landlord has therefore correctly increased the rent to $620.00 and the rent summary correctly records the rent payable for the relevant periods.
9. Moving on to the second issue of the rent calculation, I acknowledge the tenant’s genuine belief that he has paid rent in advance to 2 November 2024. However, the landlord’s rent summary clearly shows that his then credit of $180.00 was applied towards the 26 October to 1 November 2024 period and his first record of rent arrears of $440.00 as at 1 November 2024 remains correct. The tenant made no further payments after 23 October 2024.
10. The landlord’s rent summary goes back to the tenant’s first rent payment of $535.00 on 6 April 2023 and second rent payment of $535.00 on 13 April 2023. The tenancy commenced on 8 April 2023 and rent payments have been duly applied to the correct periods of rent payable dates.
11. The landlord has duly proved the rent amount owing of $3,185.71 to 2 December 2024. The landlord is entitled to the whole bond accordingly as well as a monetary order for the outstanding debt as set out in the above table.
J Tam
10 March 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 [NAME] 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 proved the tenant owed $3,185.71 in rent arrears up to December 2, 2024.
- The landlord was entitled to increase the rent because proper written notice was given at least 60 days in advance.
- The landlord's notice to increase rent from $575.00 to $620.00 was valid because it complied with the required notice period and the last increase was over a year ago.
- The tenant agreed at mediation to pay $129.00 for rubbish removal costs.
- The tenant agreed at mediation to pay $36.72 for water rates.
❌ Tends to be rejected
- The tenant's argument that the rent increase was invalid because no refurbishment work was done was rejected.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision ordered the tenant to pay rent arrears, water rates, and rubbish removal costs.
What was the dispute about?
The dispute was about whether the tenant owed rent arrears, water rates, and rubbish removal costs.
How did the court decide, and why?
The court decided that the tenant must pay the specified amounts because the landlord provided proper notice of rent increases and the tenant had not met their obligations.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 24, was applied.
What was the argument that mattered most?
The most important argument was whether the landlord had properly notified the tenant of the rent increase according to the law.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they understand and comply with the proper notification requirements for rent increases.
What evidence or documents mattered?
The evidence included the landlord's rent summary and the notice of rent increase.