Tenant Ordered to Pay Rent Arrears and Water Rates
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $274.73 to the landlord, including rent arrears, water rates, and filing fees, due to non-compliance with tenancy obligations.
⚖️ Legal holding
A tenant is required to pay rent arrears, water rates, and filing fees upon termination of the tenancy.
📖 What the law says
This section generally states that the landlord is responsible for paying all property expenses like rates, insurance, and water charges. However, it also says that tenants must pay for electricity, gas, and water charges if the property has its own water meter and the tenancy agreement clearly stated this at the start.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears, water rates, and filing fees.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $274.73 to the landlord, including rent arrears, water rates, and filing fees, due to non-compliance with tenancy obligations.
📚 Full judgment Official document
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[2025] NZTT 5207375
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] - As Agent For [NAME] $274.73 immediately, calculated as shown in table below.
Description Landlord Rent arrears (to 19 January 2025) $74.57 Water rates $127.16 Rubbish removal $46.00 Filing fee reimbursement $27.00 Total award $274.73 Total payable by Tenant to Landlord $274.73
Reasons:
1. A representative of the landlord attended the hearing. The tenant did not attend by the video link provided. I called his mobile twice during the hearing; the first call was answered but promptly terminated and the second call went straight to voicemail.
2. The landlord has applied for rent arrears, compensation 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 tenancy ended on 19 January 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
4. The landlord has also applied for water rates. A tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to their occupation of the premises or to their use of the facilities (see s 39(3) RTA). Therefore, tenants are only liable for the electricity, gas, telephone and internet they use, and for water charges based on consumption (s 39(4) RTA). They are not liable for fixed water charges.
5. There was a water leak at the property, which meant that the final water reading was significantly higher than previous usage. The landlord has claimed the average previous usage and provided evidence of its calculations. I am satisfied that that is a fair and reasonable approach. I award the amount claimed.
Did the tenant comply with their obligations at the end of the tenancy?
6. 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.
7. The tenant did not remove all rubbish. The landlord provided evidence of the rubbish removed and the cost incurred.
8. As the landlord was the successful party, I have also awarded reimbursement of the Tribunal application fee.
R Morgan
21 May 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 proof of rent arrears.
- The landlord showed evidence of water rates based on consumption.
- The tenant did not attend the hearing, leaving no arguments against the claims.
- The landlord incurred costs for removing rubbish left by the tenant.
- The landlord successfully requested reimbursement of the filing fee.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenant to pay $274.73 to the landlord, including rent arrears, water rates, and filing fees.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears, water rates, and filing fees upon termination of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the landlord $274.73, including rent arrears, water rates, and filing fees, because the tenant did not comply with their obligations at the end of the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 39(3) and 39(4), were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was responsible for paying rent arrears, water rates, and filing fees due to non-compliance with tenancy obligations.
Was the decision for or against the person who brought the case?
The decision was for the landlord, who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they comply with their tenancy obligations to avoid having to pay rent arrears, water rates, and filing fees.
What evidence or documents mattered?
The evidence included rent records, water rate claims, and documentation of the landlord's costs for removing rubbish left by the tenant.