Tenant Ordered to Pay Rent Arrears and Water Rates
📌 In brief
The Tenancy Tribunal ordered a tenant to pay $1,800.90 for rent arrears and water rates at the end of the tenancy. The tenant did not attend the hearing and failed to comply with their obligations.
⚖️ Legal holding
A tenant must pay rent arrears and water rates at the end of the tenancy.
📖 What the law says
This section states that a tenant is responsible for paying rent when it is due according to their tenancy agreement. It also requires the tenant to leave the premises reasonably clean and tidy and remove all their belongings and rubbish when the tenancy ends.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and water rates.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $1,800.90 for rent arrears and water rates at the end of the tenancy. The tenant did not attend the hearing and failed to comply with their obligations.
📚 Full judgment Official document
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[2025] NZTT 5155268
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] Albert Ltd As Agent For [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] T/A LJ Hooker Mt Albert Ltd As Agent For [COMPANY] $1,800.90 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears (18/12/24 to 31/1/25) $1,087.29 Water rates $473.61 Replace furnishings: Portable Hob $240.00 Electrical fittings replacement/repair $0.00 Total award $1,800.90 Total payable by Tenant to Landlord $1,800.90
Reasons:
1. A representative of the landlord attended the hearing. The tenants did not attend. They did not connect to the hearing by the videolink provided in the Notice of Hearing and did not answer their mobile phone during the hearing.
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2. The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent and water rates?
3. The tenancy ended on 31 January 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The amounts ordered are proved.
Did the tenant comply with their obligations at the end of the tenancy?
4. 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.
5. A portable cooktop was missing at the end of the tenancy. The landlord provided evidence of the replacement cost.
6. As the landlord was the successful party, I have also awarded reimbursement of the Tribunal application fee.
R Morgan
31 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 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 rent records and water rates invoices proving the amount owed.
- The landlord showed that a portable cooktop was missing at the end of the tenancy.
- The landlord successfully demonstrated that they were entitled to reimbursement of the Tribunal application fee.
❌ Tends to be rejected
- The tenants did not attend the hearing and did not provide any counter-evidence or arguments.
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 $1,800.90 for rent arrears and water rates.
What was the dispute about?
The dispute was about unpaid rent and water rates at the end of the tenancy.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not attend the hearing and failed to comply with their obligations.
Which laws or rules were applied?
The Residential Tenancies Act 1986, s 40(1)(e) was applied.
What was the argument that mattered most?
The argument that mattered most was the failure of the tenant to attend the hearing and comply with their 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 attend hearings and comply with their obligations under the tenancy agreement.
What evidence or documents mattered?
The evidence included rent records and water rates invoices provided by the landlord.