Tenant Ordered to Pay Rent Arrears and Water Rates
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $704.66 for rent arrears and water rates. The tenant was also required to pay an additional $650.00 to bring the rent up to date.
⚖️ Legal holding
A tenant must pay rent arrears and water rates as ordered by the Tenancy Tribunal.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a landlord's notice to end the tenancy. This can happen if the tenant believes the landlord gave the notice because the tenant complained or used a right they have under their tenancy agreement or the law.
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 $704.66 for rent arrears and water rates, plus a further $650.00 to bring the rent up to date.
📚 Full judgment Official document
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[2024] NZTT 5042348
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For [COMPANY] $704.66 immediately, as calculated in the table below.
2. I note that a further $650.00 is payable to bring the rent up to the next rent payment date on 11 December 2024.
Description Landlord Tenant Rent arrears as at 4 December 2024 $558.00 Water rates as at 4 December 2024 $119.66 Filing fee reimbursement $27.00 Total award $704.66 Total payable by Tenant to Landlord $704.66
Reasons:
1. Both parties attended the hearing which was held remotely.
2. The landlord has applied for rent arrears and has provided rent records which prove the amount owing as at today’s date.
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3. Water rates invoices were also provided as evidence of the water rates owing as at today’s date.
4. I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against her.
5. At today’s hearing the issue of continually lagging rental payments was discussed.
6. I can only order payment of rent owing as at today’s date However, the tenant now understands that to bring her rent payments up to date as at the next rental payment date, a further $650.00 is required.
[NAME]
04 December 2024
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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 proved the amount of rent owing by providing rent records.
- The landlord provided invoices as evidence of the water rates owed.
- The landlord was fully successful in their claim, so the tenant had to reimburse 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 $704.66 for rent arrears and water rates, plus an additional $650.00 to bring the rent up to date.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and water rates as required by the landlord.
How did the court decide, and why?
The court decided that the tenant must pay the outstanding rent arrears and water rates because the landlord provided proof of these amounts through rent records and invoices.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The most important argument was the landlord's provision of rent records and invoices proving the amounts owed by the tenant.
Was the decision for or against the person who brought the case?
The decision was for the landlord, who successfully claimed the rent arrears and water rates from the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have proper documentation of their rent payments and any outstanding debts to avoid such disputes.
What evidence or documents mattered?
The rent records and water rates invoices provided by the landlord were crucial pieces of evidence.