Tenant Ordered to Pay Rent Arrears and Water Bills
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay $541.67 from the bond to the landlord for rent arrears and water bills. The tenant's claims for compensation and damages were dismissed.
⚖️ Legal holding
A tenant is obligated to pay rent arrears and water bills at the end of the tenancy, unless the landlord fails to provide photographic evidence of damage.
📖 What the law says
This section states that a tenant is responsible for paying rent on time as agreed in the tenancy agreement. It also requires the tenant to keep the property reasonably clean and tidy, and to leave it in that condition when the tenancy ends, removing all their belongings and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal awarded the landlord $541.67 from the bond, dismissing the tenant's claims for compensation and damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $541.67 from the bond to the landlord for rent arrears and water bills. The tenant's claims for compensation and exemplary damages were dismissed.
📚 Full judgment Official document
__________________________________________________________________________________ 5063270 1
[2025] NZTT 5063270, 5064248
TENANCY TRIBUNAL AT TAURANGA | TE TARAIPIUNARA RETIHANGA KI TAURANGA MOANA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] is to pay [COMPANY] $541.67 from the bond, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $1,600.00 (5726348-003) immediately apportioned as shown below.
Description Landlord Tenant Rent arrears to 22 September 2024 $210.00 Water rates $331.67 Total award $541.67 Bond $541.67 $1,058.33
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for rent arrears, water rates, compensation, and reimbursement of the filing fee following the end of the tenancy.
3. The tenant has applied for a refund of her bond, and compensation of $2,000.00 and exemplary damages for the landlord failing to appoint an agent.
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4. The tenant withdrew her claim for harassment .
How much is owed for rent and water rates?
5. I find that this tenancy ended on 22 September 2024. The tenant gave notice on 1 September 2024, and I am satisfied that 21 days’ notice is appropriate and consistent with the tenancy agreement entered into in 2011. The landlord provided rent records which prove the amount owing at the end of the tenancy. I award $210.00 for the final 3 days.
6. The landlord seeks $100.00 for a July 2024 water bill that was paid short, and $334.73 for the final water bill.
7. Applying the substantive merits and justice, I find that the tenant is not liable for the $100.00 shortfall. It became clear during the hearing that the tenant has been paying for base charges for several years which are the responsibility of the landlord, therefore it would not be fair nor reasonable to award the shortfall.
8. The final water bill is not disputed. I award $331.67 which is $334.73 claimed minus the base charges.
Did the tenant comply with their obligations at the end of the tenancy?
9. 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.
10. The landlord says the oven was not left reasonably clean, but he was unable to provide any photographic evidence of the oven at the end of the tenancy.
11. This part of the claim is not proven so must be dismissed.
Did the landlord fail to appoint an agent?
12. The tenant claims the landlord has been overseas for longer than the Act permits without appointing an agent.
13. A landlord who is out of New Zealand for longer than 21 consecutive days must ensure they have an agent in New Zealand. See section 16A(1) Residential Tenancies Act 1986.
14. Breaching this obligation is an unlawful act, for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 16A(6) and Schedule 1A Residential Tenancies Act 1986.
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15. The tenant does not dispute that the landlord did provide his father’s contact details while he was out of New Zealand. Accordingly, this part of the claim has not been proven and must be dismissed.
16. I decline to make any award for the respective filing fees.
[NAME]
26 February 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. 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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant is obligated to pay rent arrears and water bills at the end of the tenancy.
- The landlord provided proof of the rent arrears and water bills through rent records.
- The tenant is not responsible for the $100.00 shortfall in the water bill due to base charges being the landlord's responsibility.
- The landlord did provide an agent's contact details while being out of New Zealand, fulfilling legal requirements.
❌ Tends to be rejected
- The tenant claimed the landlord failed to appoint an agent while being overseas, but this was not proven.
- The tenant requested compensation and exemplary damages for the landlord's failure to appoint an agent, but these claims were dismissed.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay $541.67 from the bond to the landlord for rent arrears and water bills.
What was the dispute about?
The dispute was over whether the tenant owed rent arrears and water bills to the landlord at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the landlord $541.67 from the bond because the landlord provided proof of the amounts owed, and the tenant failed to provide evidence of damage to the oven.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 16A(1), were applied.
What was the argument that mattered most?
The argument that mattered most was the landlord providing proof of the rent arrears and water bills, while the tenant did not provide photographic evidence of damage to the oven.
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?
For tenants in a similar situation, it means they must ensure they have proof of any damages or disputes before the end of the tenancy.
What evidence or documents mattered?
The evidence that mattered was the landlord's rent records and the lack of photographic evidence from the tenant regarding the condition of the oven.