Tenant Ordered to Pay Rent Arrears and Water Rates After Breach of Fixed-Term Agreement
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay rent arrears and water rates after breaching a fixed-term tenancy agreement. The landlord must return the bond.
⚖️ Legal holding
A tenant must pay rent arrears and water rates when they breach a fixed-term tenancy agreement.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and water rates, while the landlord must return the bond.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and water rates after the tenant breached a fixed-term tenancy agreement. The landlord must return the bond.
📚 Full judgment Official document
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[2025] NZTT 5093328
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [COMPANY] is to pay the bond of $5,600.00 (5681174-007) to [COMPANY] as agent for [NAME] immediately.
2. [NAME] must pay [COMPANY] as agent for [NAME] $8,348.19 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 9 December 2024 $13,885.71 Water rates to end of tenancy $35.48 Filing fee reimbursement $27.00 Total award $13,948.19 Bond $5,600.00 Total payable by Tenant to Landlord $8,348.19
Reasons:
1. Only the landlord attended the hearing, represented by [NAME].
2. The hearing was conducted by phone. The tenant did not answer calls made to the number provided.
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3. I am satisfied that the tenant has been served with the landlord’s application in accordance with the provisions of the Residential Tenancies Act 1986 and so the hearing proceeded in the tenant’s absence.
4. The landlord explained that the tenant signed a fixed term tenancy for a period of two years, commencing on 5 January 2024 and ending on 5 January 2026. The rent was $1,200 per week.
5. The tenant moved out of the property on 8 October 2024, well before the end of the fixed term, and stopped paying rent. The landlord was left to find new tenants. New tenants moved into the property on 10 December 2024. The landlord seeks rent arrears up to and including 9 December 2024.
6. The landlord provided a rent summary proving that arrears of $13,885.71 had accrued to 9 December 2024. The claim for rent arrears is proved.
7. The landlord also sought a small amount of outstanding water rates in the amount of $35.48 up to the date the tenant left on 8 October 2024. The landlord produced a water rates invoice showing a last reading on 8 October 2024. The claim for water arrears is proved.
8. As the landlord has been wholly successful in their claim I have reimbursed the filing fee.
[NAME]
27 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 proved that the tenant owed rent up to the day before new tenants moved in.
- The landlord showed proof of outstanding water rates for the period the tenant lived there.
- The tenant signed a fixed-term agreement but moved out early and stopped paying rent.
- The landlord was reimbursed the filing fee because they were entirely successful in their claim.
- The tribunal was satisfied that the tenant was properly informed about the hearing.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay rent arrears and water rates, while the landlord must return the bond.
What was the dispute about?
The dispute was about the tenant moving out early and owing rent arrears and water rates.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for rent arrears and water rates because the tenant breached the fixed-term tenancy agreement.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant breached the fixed-term tenancy agreement by moving out early and not paying rent.
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 fulfill their obligations under the tenancy agreement to avoid such penalties.
What evidence or documents mattered?
The rent summary and water rates invoice mattered in this case.