Tenant Ordered to Pay Water Arrears and Repair Costs
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $731.93, which includes water arrears and a wall repair invoice, as the damage exceeded fair wear and tear.
⚖️ Legal holding
A tenant is liable for water arrears and repair costs if the damage exceeds fair wear and tear.
📖 Technical summary
The Tribunal ordered the tenant to pay water arrears and repair costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $731.93, which included water arrears and a wall repair invoice, as the damage exceeded fair wear and tear.
📚 Full judgment Official document
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[2025] NZTT 5130548
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
[NAME] msuit immediately pay [COMPANY] as agent for [NAME] $731.93 as calculated in the table below:
Description Landlord Water rates $187.43 Wall repair invoice $517.50 Filing fee reimbursement $27.00 Total award $731.93
Reasons:
1. The hearing was conducted on Microsoft Teams.
2. [NAME] attended the hearing for the landlord by telephone.
3. The tenant did not attend the hearing. The hearing proceeded in the tenant’s absence.
4. The landlord applies for order for water and the cost of repairs.
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5. The landlord provided water records proving the arrears.
6. I am satisfied the tenant is liable for a $517.50 invoice for damage to a wall. Tenants are liable for the careless or intentional damage they or their guests cause to the premises. The damage was more than fair wear and tear and the tenant has not proven they are not liable.
7. The tenant must reimburse the landlord for the filing fee.
R Kee
08 April 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 water records, which proved the tenant owed money for water rates.
- The damage to the wall was more than normal wear and tear, making the tenant responsible for the repair cost.
- The tenant is liable for the wall repair invoice because the damage was caused carelessly or intentionally.
- The tenant must pay back the landlord for the fee to file the case.
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 $731.93, which includes water arrears and a wall repair invoice.
What was the dispute about?
The dispute was about the tenant's responsibility for water arrears and a wall repair invoice.
How did the court decide, and why?
The court decided the tenant was responsible for the costs because the damage exceeded fair wear and tear.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The argument that mattered most was whether the damage exceeded fair wear and tear.
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 might also be held responsible for water arrears and repair costs if the damage exceeds fair wear and tear.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.