Tenant Ordered to Pay Rent Arrears and Water Rates After Leaking Pipe Dispute
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and water rates to the landlord. However, the tenant was also awarded compensation for damages caused by a leaking pipe that the landlord did not fix promptly.
⚖️ Legal holding
A tenant is entitled to compensation for damages caused by a leaking pipe that the landlord failed to repair in a timely manner.
📖 What the law says
This section outlines the landlord's responsibilities, including providing and maintaining the rental property in a reasonable state of repair. It also states that a landlord must compensate a tenant for reasonable expenses if the tenant repairs the property due to disrepair not caused by the tenant.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and water rates, while also awarding compensation for damages caused by a leaking laundry pipe.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and water rates, while also awarding compensation for damages caused by a leaking pipe that the landlord failed to repair in a timely manner.
📚 Full judgment Official document
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[2025] NZTT 5043408, 5095208
TENANCY TRIBUNAL AT PAPAKURA | TE TARAIPIUNARA RETIHANGA KI PAPAKURA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
[NAME] must pay [COMPANY] As Agent For [NAME] $12,047.52 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 21 November 2024 $14,785.71 Water rates $808.81 Reimbursement of first month’s water bill (incurred by landlord)
$122.00
Compensation: unrepaired water leak from January to October 2023
$1,000.00
Reimbursement of pool maintenance costs $1,675.00 Compensation: loss of bedroom furniture $350.00 Reimbursement of laundromat costs $400.00 Total award $15,594.52 $3,547.00 Net award $12,047.52 Total payable by Tenant to Landlord $12,047.52
Reasons:
1. Both parties attended the hearing.
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2. The landlord has applied for rent arrears and water rates following the end of the tenancy.
3. The tenant has applied for compensation arising from an unrepaired/undiscovered leak in the laundry and reimbursement of pool maintenance costs.
How much is owed for rent and water rates?
4. The tenancy ended on 21 November 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. A Tenancy Mediator has earlier confirmed the amount of rent arrears owing to the end of the tenancy.
Did the landlord provide the premises in a tenantable state?
5. [NAME] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
6. Under section 45, a landlord must:
a. provide and maintain the premises in a reasonable state of repair; and
b. comply with any relevant enactment in relation to buildings, health and safety.
7. There was a leak in the laundry since the start of the tenancy in November 2022 which went undetected until October 2023. While the landlord had responded to the tenant’s notifications of the issue at the material times and duly sent tradespeople to check on the tenant’s complaints of high water rates charges, the fact remains that there was a leak in the laundry which went undetected for many months. The tenant is entitled to be provided with premises that are in a tenantable condition, including being free of leaks.
8. The amounts ordered above for compensation, replacement of bedroom furniture and reimbursement of laundromat costs in relation to the leak (which was subsequently repaired and work undertaken from October 2023 to February 2024) are proved.
9. The landlord accepts that the first month’s water bill did not belong to the tenant. The amount of $122.00 is now credited to the tenant accordingly.
10. The tenant also attended to pool maintenance which is the landlord’s responsibility. I am satisfied that the tenant should be reimbursed with costs incurred for the maintenance of the landlord’s chattels.
11. Only the amounts ordered are proved.
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12. The tenant’s successful claims above are set off against the rent arrears and water rates owing accordingly.
13. The bond has since been refunded to the landlord to cover part of the rent arrears.
[NAME]
28 February 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 tenant is entitled to compensation for damages caused by a leaking pipe that the landlord failed to repair in a timely manner.
- The landlord must reimburse the tenant for the first month’s water bill that was incorrectly charged.
- The tenant should be reimbursed for costs incurred in maintaining the landlord’s pool.
- The tenant received compensation for the loss of bedroom furniture due to the leak.
❌ Tends to be rejected
- The tenant's claim for full reimbursement of all water bills was denied.
- The tenant's request for compensation beyond what was proven was not accepted.
- The tenant's demand for additional compensation not related to the leak was rejected.
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, while also awarding compensation for damages caused by a leaking pipe.
What was the dispute about?
The dispute was about rent arrears, water rates, and compensation for damages caused by a leaking pipe that the landlord failed to repair.
How did the court decide, and why?
The court decided that the tenant must pay rent arrears and water rates, but also awarded compensation for damages caused by the leaking pipe, as the landlord failed to maintain the premises in a reasonable state of repair.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 45, was applied.
What was the argument that mattered most?
The argument that mattered most was that the landlord failed to maintain the premises in a reasonable state of repair, particularly regarding the leaking pipe.
Was the decision for or against the person who brought the case?
The decision was partly for and partly against the person who brought the case, as the tenant had to pay rent arrears and water rates but also received compensation for damages.
What does this mean for someone in a similar situation?
For someone in a similar situation, they might be able to receive compensation for damages caused by a leaking pipe if the landlord fails to maintain the premises properly.
What evidence or documents mattered?
The evidence and documents that mattered included rent records, water rates invoices, and proof of the leaking pipe's damage.