Tenant Ordered to Pay Rent Arrears and Listing Fees

OUTCOME: Allowed in Part

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[2026] NZTT 5380842

TENANCY TRIBUNAL AT KAIKOHE | TE TARAIPIUNARA RETIHANGA KI KAIKOHE

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [RESPONDENT] and [NAME] [RESPONDENT] must pay [NAME] [APPELLANT] and [NAME] [APPELLANT] $94.50 immediately, calculated as shown in table below.

2. The [COMPANY] is to pay the bond of $2,320.00 (BN-00158820) to [NAME] [APPELLANT] immediately.

Description Landlord Tenant Rent arrears to 7 November 2025 $2,107.50 [NAME] listing fee $279.00 Filing fee reimbursement $28.00 Total award $2,414.50 Bond $2,320.00 Total payable by Tenant to Landlord $94.50

Reasons:

Background

1. [RESPONDENT] and [NAME] [RESPONDENT] entered into a 6-month fixed term tenancy for the premises at [ADDRESS], commending on 4 October 2025.

2. They paid the bond and one week’s rent in advance.

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3. Immediately after moving in, there was an issue with water supply to the property, which is discussed in more detail below.

4. The tenants did not make any more rent payments.

5. The landlord filed this application on 4 November 2025 seeking termination of the tenancy.

6. A Tenancy Tribunal hearing took place by phone on 30 January 2026. The hearing was adjourned so that an interpreter could be arranged for the tenants and so that the landlord could clarify what she is seeking in her claim.

7. On 5 February Ms [APPELLANT] sent a written statement to the Tribunal stating that she is seeking rent arrears to 7 November 2025 ($2,107.50), cleaning and rubbish removal (costs to be confirmed) and the cost of [NAME] advertising to re-let the premises ($279.00).

8. The second hearing took place in Kaikohe on 22 May 2026. Both parties participated in the hearing.

Water

The issue

9. The property is on tank water, not mains supply.

10. Ms [APPELLANT] said that she checked the water tank level immediately before the start of the tenancy and it was three-quarters full.

11. The day after the tenants moved in, she was informed (by the neighbouring tenant, who shares the same water source) that there was no water. She investigated and found that the input pipe had been removed and the pump was switched off.

12. She reinstated the tank and immediately provided the tenants with a 2,000 litre container of water.

13. She then ‘topped’ the tank, using water from other tanks that she has around the property. She also arranged for a tanker delivery of water.

14. [RESPONDENT] and [NAME] [RESPONDENT] said that:

a. There was no water supply when they moved in.

b. Ms [APPELLANT] provided a 2000 litre container, but that did not last long.

c. The only other water that Ms [APPELLANT] supplied was a tanker delivery. They also arranged for a tanker delivery themselves.

d. Ms [APPELLANT] did not tell them that the property was not on mains water supply.

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The law

15. Tenanted premises do not have to be on a mains water supply. It is very common for rural properties in New Zealand to be on tank supply.

16. If a property is on tank supply, the landlord must ensure that the property has adequate means for the collection and storage of water. This means that:

a. The rainwater collection system (guttering, downpipes, etc) must be in good working order.

b. The tank must be sufficient size to hold enough water to supply the household.

c. The system must have filtration that ensures that the water is safe to drink.

My findings

17. The evidence available to me does not show that the property didn’t have adequate means for the collection and storage of water. The property has a large roof area for harvesting rainwater. The tank is large enough to service the two properties that it supplies. There is a pump and filtration, including UV filtration.

18. The loss of water soon after the tenants moved in was not due to the tank running dry because of normal use of household water. Something happened to the tank that caused all of the water to drain out. Ms [APPELLANT] suggested that the tank was intentionally sabotaged. There is no evidence to prove or disprove that allegation.

19. Ms [APPELLANT] responded by providing 2000 litre container for the tenants to use.

20. [RESPONDENT] and [NAME] [RESPONDENT] deny Ms [APPELLANT]’ statement that she also provided water from other tanks around the property. There is no evidence to show whether these top ups did, or did not, happen.

21. Ms [APPELLANT] paid for a tanker delivery of water.

22. Ms [APPELLANT] said that the tenants did not want to use the tank water.

23. [RESPONDENT] and [NAME] [RESPONDENT] said that they sent Ms [APPELLANT] many text messages about being completely out of water during the tenancy. However, no such messages were provided to the Tribunal.

24. My finding is that it is not proven that the landlord failed to meet any legal duty. The sudden loss of water in the first or second day of this tenancy was not due to any failure by the landlord to maintain the premises in a reasonable state of repair, or a failure to provide adequate means for the collection and storage of water. Ms [APPELLANT] responded to the sudden loss of water promptly and

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appropriately. There is no evidence that Ms [APPELLANT] failed or refused to provide water during the tenancy.

Rent

25. Ms [APPELLANT] agreed to release the tenants from the fixed term tenancy. There was a lack of clarity around when the tenants actually vacated.

26. In a fixed term tenancy, the tenants remain liable for rent to the end of the fixed term or to the date that a new tenancy is entered into.

27. I am satisfied Ms [APPELLANT] got back possession of the premises on or after 7 November 2025, which is the date that she is seeking rent arrears to.

28. The claim for rent arrears is proven.

Cleaning and rubbish removal

29. Ms [APPELLANT] provided a handful of photographs, taken several weeks after the end of the tenancy.

30. [RESPONDENT] and [NAME] [RESPONDENT] said that the condition of the premises at the end of the tenancy was similar to the condition at the start, and that the rubbish shown in Ms [APPELLANT]’ photographs was not theirs.

31. There is no entry inspection report.

32. The claim for cleaning and rubbish removal is not proven.

[NAME] listing cost

33. As noted above, this was a 6-month fixed term tenancy. The landlord released the tenants after six weeks.

34. The landlord then sought to re-let the premises.

35. I agree that this was an appropriate and necessary step by the landlord to mitigate the loss. The landlord is entitled to recover the [NAME] listing cost. The cost was a direct consequence of the tenants’ failure to remain in the fixed term tenancy.

36. [RESPONDENT] and [NAME] [RESPONDENT] did not dispute this cost, but they asked the Tribunal to take into account “harassment” that they say that they received from Ms [APPELLANT].

37. I acknowledge that this short tenancy was difficult and stressful for both parties. However, I can only determine disputes on the basis of evidence that his available to me. There is no evidence in support of the allegation that Ms [APPELLANT] harassed the tenants.

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Bond, filing fee

38. The landlord has been partially successful in this application, and I will award the landlord the filing fee.1

39. The proven claim exceeds the amount of the bond. The bond will be released to the landlord.

N [RESPONDENT]

31 May 2026

1 Section 102(4)(b) Residential Tenancies Act 1986

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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, 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/

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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: