Tenant ordered to pay rent arrears and water rates but termination request denied
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $2,506.78 for rent arrears and water rates but declined the landlord's request for termination of the tenancy due to non-compliance with statutory requirements.
⚖️ Legal holding
A landlord is entitled to recover rent arrears and water rates from a tenant, but cannot terminate the tenancy without meeting specific statutory requirements.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the rent is at least 21 days overdue when the landlord applies, or if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or related individuals.
This rule allows the Tenancy Tribunal to end a tenancy if one party has broken the tenancy agreement or the Act. For breaches that can be fixed, the party asking for termination must have given the other party a notice to fix the problem within at least 10 working days, and the problem was not fixed.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and water rates but declined to terminate the tenancy.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $2,506.78 for rent arrears and water rates but declined the landlord's request for termination of the tenancy due to non-compliance with statutory requirements.
📚 Full judgment Official document
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[2025] NZTT 5235193
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
[NAME] must pay [COMPANY] As [COMPANY] $2,506.78 immediately, calculated as shown in table below:
Description Landlord Tenant Rent arrears to 28 May 2025 $2,467.57 Water rates $12.21 Filing fee reimbursement $27.00 Total award $2,506.78 Total payable by Tenant to Landlord $2,506.78
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for rent arrears and water rates and has provided rent and water rates records which prove the amount owing.
3. I am unable to accede to the landlord’s current request for immediate or conditional termination of the tenancy because the landlord’s application filed on 14 April 2025 has not been made under section 55(1)(a), 55(1)(aa) or section 56 Residential Tenancies Act 1986 (‘RTA’).
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4. For an application to be properly made under section 55(1)(a) RTA, the rent as at the date of application (ie., on 14 April 2025) must be at least 21 days in arrear. The rent as at 14 April 2025 was less than 21 days in arrear.
5. For an application to be properly made under section 55(1)(aa) RTA, the tenant must have owed rent for at least 5 working days on 3 separate occasions within a 90-day period for which 3 prescribed notices of advising the tenant of the overdue rent, the dates for which rent was overdue, the amount of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice had been issued to the tenant. No supporting documents have been adduced before me today to indicate that 3 such notices have been issued under section 55(1)(aa)(ii) RTA.
6. For an application to be properly made and considered under section 56(2) RTA, the landlord must have issued a 14-day breach notice to the tenant prior to making the application for termination under section 56(1) RTA. There is nothing before me to suggest that the landlord has filed an application for termination under section 56 or having issued any 14 day breach notice.
7. For those reasons, I am unable to accede to the landlord’s current request for the tenancy to be terminated either immediately or conditionally.
8. For the sake of completeness, the landlord is at liberty to now file a fresh application for termination of the tenancy under section 55(1)(a) RTA if the rent is at least 21 days in arrear on the date of application, which it now is. I note for the record that the tenant says that he can only clear the arrears on 31 May 2025.
[NAME]
28 May 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 proof of rent arrears and water rates owed.
- The landlord requested reimbursement for filing fees.
❌ Tends to be rejected
- The landlord requested immediate termination of the tenancy without meeting statutory requirements.
- The landlord did not provide evidence of rent being 21 days in arrear.
- The landlord did not issue three prescribed notices of overdue rent as required.
- The landlord did not provide a 14-day breach notice before applying for termination.
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 the landlord $2,506.78 for rent arrears and water rates but declined the landlord's request for termination of the tenancy.
What was the dispute about?
The dispute was about the landlord's request for the tenant to pay rent arrears and water rates and the landlord's request for termination of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the landlord $2,506.78 for rent arrears and water rates but declined the landlord's request for termination of the tenancy because the landlord failed to meet the statutory requirements for termination.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 54, 55(1)(a), 55(1)(aa), and 56(2) were applied.
What was the argument that mattered most?
The argument that mattered most was whether the landlord met the statutory requirements for terminating the tenancy.
Was the decision for or against the person who brought the case?
The decision was partly for and partly against the landlord who brought the case. The tenant was ordered to pay rent arrears and water rates but the landlord's request for termination was denied.
What does this mean for someone in a similar situation?
For someone in a similar situation, they should ensure they meet all statutory requirements before requesting termination of a tenancy.
What evidence or documents mattered?
The evidence that mattered included rent and water rates records provided by the landlord.