Tenant Ordered to Pay Rent Arrears and Water Rates
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and water rates after the landlord showed proof of these amounts. The Tribunal also instructed the landlord to send future water bills by mail to ensure the tenant receives them.
⚖️ Legal holding
A tenant must pay rent arrears and water rates when proven by records.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and water rates, and directed the landlord to send future water bills by mail.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and water rates after the landlord proved the amounts owing with records. The Tribunal also directed the landlord to send future water bills by mail.
📚 Full judgment Official document
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[2025] NZTT 5030048
TENANCY TRIBUNAL AT WAITAKERE | TE TARAIPIUNARA RETIHANGA KI WAITĀKERE
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] as agent for the owner $3,072.44 immediately, calculated as shown in the table below.
2. The landlord must mail the tenant a copy of all [NAME] invoices for the tenancy.
3. The landlord must send its water bills to the tenant by mail from now on.
Description Landlord Rent arrears to the end of 6 March 2025 $2,571.43 Water rates $474.01 Filing fee reimbursement $27.00 Total award $3,072.44
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for rent arrears and has provided rent and water records which prove the amounts owing.
3. The Tribunal orders the tenant to pay the amounts owed.
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4. The tenant cannot access his email, so has not seen all the water invoices, which the landlord has sent by email. The Tribunal directs the landlord to forward all the previous water invoices and future water bills by mail.
5. The tenant must reimburse the landlord for the filing fee.
[NAME]
07 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 records proving the amount of rent arrears.
- The landlord provided records proving the amount of water rates.
- The tenant must reimburse the landlord for the filing fee.
❌ Tends to be rejected
- The tenant's inability to access emails was not accepted as a valid reason to avoid paying the debts.
- The tenant's claim that they did not see all the water invoices due to email issues was not accepted as a reason to avoid payment.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision ordered the tenant to pay rent arrears and water rates, and directed the landlord to send future water bills by mail.
What was the dispute about?
The dispute was about unpaid rent and water bills, with the landlord claiming arrears from the tenant.
How did the court decide, and why?
The court decided in favour of the landlord, as the tenant could not provide evidence to refute the landlord's records showing the amounts owing.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The most important argument was the landlord's provision of records proving the amounts owing for rent and water rates.
Was the decision for or against the person who brought the case?
The decision was against the tenant, who brought the case as the respondent.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means they must pay any proven arrears for rent and utilities, and the landlord must ensure proper communication of bills.
What evidence or documents mattered?
The evidence that mattered was the landlord's records showing the amounts owing for rent and water rates.