Tenant Ordered to Pay Rent Arrears and Water Rates
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $1,930.81, which includes rent arrears, outstanding water rates, and a bond top-up reflecting rent increases.
⚖️ Legal holding
A tenant must pay rent arrears, outstanding water rates, and a bond top-up reflecting rent increases.
📖 What the law says
This rule states that a landlord cannot ask for a bond that is more than four weeks' worth of rent. If the rent increases, the landlord can ask for an additional bond amount, but only up to the new four-week rent total. If the rent decreases, the tenant can apply to get back any bond money that is now over the four-week rent limit.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal dismissed the tenant's claims and ordered the tenant to pay the landlord $1,930.81.
📜 Headnote Official document
The Tenancy Tribunal dismissed the tenant's claims and ordered the tenant to pay the landlord $1,930.81, including rent arrears, outstanding water rates, and a bond top-up reflecting rent increases.
📚 Full judgment Official document
__________________________________________________________________________________ 5101808 1
[2025] NZTT 5101808
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
2. [NAME] must pay [The landlord/s] $0.00 immediately, as calculated in the table below:
Description Landlord Tenant Rent arrears to 20 March 2025 $1,490.00 Water rates: to 21 February 2025 $333.81 Bond top up $80.00 Filing fee reimbursement $27.00 Total award $1,930.81
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for rent arrears, outstanding water rates and a bond top-up to reflect rent increases.
3. The landlord has provided rent and water records which prove the amounts owing for rent of $1,490.00 (to 20 March 2025) and water rates of $333.81 (to 21 February 2025).
__________________________________________________________________________________ 5101808 2
4. The landlord also requested the tenant pay a bond top up of $140.00 to reflect two rent increases. The request for the bond top-up was made at the same time as the second rent increase only, specifically 19 November 2024, when the rent increased from $610.00 to $630.00. I have accordingly ordered a bond top up for this rent increase only, of $80.00, being proportionate to the additional rent. See section 18 of the Residential Tenancies Act 1986.
5. Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME] 20 March 2025
__________________________________________________________________________________ 5101808 3
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 landlord provided proof of rent arrears amounting to $1,490.00.
- The landlord showed outstanding water rates totaling $333.81.
- The landlord requested a bond top-up of $80.00 to reflect rent increases.
❌ Tends to be rejected
- The tenant's arguments for not paying the specified amounts were not detailed in the text.
- The tenant did not provide any counter-evidence or rebuttal to the landlord's claims.
- The tenant's reasons for not complying with the request for a bond top-up were not mentioned.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was ordered to pay the landlord $1,930.81, including rent arrears, outstanding water rates, and a bond top-up reflecting rent increases.
What was the dispute about?
The dispute was about the tenant owing rent arrears, outstanding water rates, and a bond top-up reflecting rent increases.
How did the court decide, and why?
The court decided that the tenant must pay the landlord the specified amount because the landlord provided proof of the amounts owed.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 18 was applied.
What was the argument that mattered most?
The most important argument was the landlord providing proof of the amounts owed, including rent arrears, outstanding water rates, and a bond top-up reflecting rent increases.
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?
Someone in a similar situation should ensure they have accurate records of rent payments and any changes in rent to avoid disputes.
What evidence or documents mattered?
The evidence that mattered included rent and water records provided by the landlord.