Tenant Ordered to Pay Water Rates and Break Lease Fee
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $672.56, including water rates and a break lease fee, after the landlord provided invoices and an itemised expense claim. The cleaning claim was dismissed due to lack of photographic evidence.
⚖️ Legal holding
A tenant is responsible for water rates and a break lease fee if the landlord provides sufficient proof.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean and tidy, and leaving it in that condition when moving out. It also requires the tenant to remove all their belongings and rubbish when the tenancy ends.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay water rates and a break lease fee, dismissing a cleaning claim due to lack of evidence.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $672.56, including water rates and a break lease fee, after the landlord provided invoices and an itemised expense claim. The cleaning claim was dismissed due to lack of photographic evidence.
📚 Full judgment Official document
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[2025] NZTT 5114248
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] T/A Lj [NAME] [COMPANY] As Agent For [NAME] $672.56 immediately, calculated as shown in table below.
Description Landlord Tenant Water rates $40.56 Break lease fee $605.00 Filing fee reimbursement $27.00 Total award $672.56 Total payable by Tenant to Landlord $672.56
Reasons:
1. The landlord attended the hearing via remote teleconference. Attempts were made to contact the tenants on the telephone numbers provided. Both attempts were unsuccessful.
2. The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
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How much is owed for water rates?
3. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy. Having sighted his evidence I am satisfied that the tenants are responsible for this debt.
4. The claim for water arrears is proven.
Did the tenant comply with their obligations at the end of the tenancy?
5. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
Cleaning claim:
6. The landlord claims that the tenants did not leave the premises reasonably clean and tidy. The landlord has only provided an invoice in support of this claim. The invoice is dated 14 October 2024 from [COMPANY] with the description ‘cleaning done’. The landlord has not provided any photographic evidence in support of this claim.
7. A tenant is only required to leave premises in a reasonably clean and tidy condition. In the absence of photographic evidence, it is impossible for me to assess the state of the premises as at the exit date. The landlord has not provided proper evidence in support of this claim.
8. The claim in respect of cleaning must be dismissed.
Break lease fee
9. The tenants were subject to a fixed term tenancy agreement from 23 December 2023. The tenants vacated during the fixed term.
10. The landlord says that they were forced to readvertise the property which, as a result, caused financial loss to them. They provided an itemised invoice dated 16 October 2024 listing the expenses incurred by the landlord as a result of the breach. The RTA provides as follows in respect of break lease fees:
44A Recovery of expenses incurred by landlord (1) A landlord who consents to an assignment under section 43B, to a subletting or parting with possession under section 44, or to termination of the tenancy in accordance with section 50(1)(d) is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the assignment, subletting, parting with possession, or termination. (2) A landlord who seeks to recover expenses from a tenant in accordance with subsection (1) must first provide an itemised account of the expenses to the tenant.
https://www.legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS451316#LMS451316 https://www.legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95097#DLM95097 https://www.legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95513#DLM95513
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11. Having sighted the itemised expense claim filed by the landlord I am satisfied that the tenants are responsible for this debt.
12. The claim is proven.
Is the tenant responsible for the damage to the premises?
13. A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
14. Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
15. Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
16. Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
17. Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
18. Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
Curtain hook and holder damage
19. The landlord says that the tenants damaged the curtain hook and holder. The landlord has failed to provide any evidence in support of this claim. At the very least I would have expected evidence consisting of entry and exit photographs. Nothing was provided in support of this claim other than an expense schedule.
20. The claim in respect of curtain hook and holder damage is dismissed.
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21. [COMPANY] T/A Lj [NAME] [COMPANY] As Agent For [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
[NAME]
10 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 water rates invoices, which proved the amount owing at the end of the tenancy.
- The landlord provided an itemised invoice listing expenses incurred from re-advertising the property after the tenants vacated during the fixed term.
- The landlord substantially succeeded with the claim, leading to the reimbursement of the filing fee.
❌ Tends to be rejected
- The landlord did not provide photographic evidence to support the claim that the premises were not left reasonably clean and tidy.
- The landlord failed to provide any evidence, such as entry and exit photographs, to support the claim of damage to the curtain hook and holder.
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 $672.56, including water rates and a break lease fee.
What was the dispute about?
The landlord claimed the tenant owed money for water rates, a break lease fee, and cleaning costs.
How did the court decide, and why?
The court decided in favour of the landlord for water rates and the break lease fee, as the landlord provided invoices and an itemised expense claim. The cleaning claim was dismissed due to lack of photographic evidence.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(1)(ca), and 44A were applied.
What was the argument that mattered most?
The landlord's provision of invoices and an itemised expense claim was crucial in proving the tenant's responsibility for water rates and the break lease fee.
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 have photographic evidence to support any claims regarding the condition of the premises at the end of the tenancy.
What evidence or documents mattered?
The invoices and an itemised expense claim provided by the landlord mattered in this decision.