Tenant Ordered to Pay Water Rates and Rent
📌 In brief
The Tenancy Tribunal ordered the tenant to pay outstanding water rates and rent. The Tribunal dismissed earlier claims for water rates, finding that the tenant was only liable for water charges based on consumption, not fixed charges.
⚖️ Legal holding
A tenant is liable for water charges based on consumption, not fixed charges.
📖 What the law says
This section generally states that the landlord is responsible for paying all property expenses, including rates, insurance, and water charges. However, it also says that the tenant must pay for water charges if the property has its own water meter and the tenancy agreement mentioned this at the start of the tenancy.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay outstanding water rates and rent, dismissing earlier claims for water rates.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay outstanding water rates and rent, dismissing earlier claims for water rates. The Tribunal found that the tenant was only liable for water charges based on consumption, not fixed charges.
📚 Full judgment Official document
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[2025] NZTT 5081148
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] as agent [COMPANY] $1,864.89 (“the debt”) as shown in the table below:
Description Landlord Water rates (to 11 February 2025) $1,837.89 Filing fee reimbursement $27.00 Total award $1,864.89 Total payable by Tenant to Landlord $1,864.89
2. [NAME] must continue to pay current rent and must pay the full debt $1,864.89 on or before 4pm on Friday, 18 April 2025.
3. Payments will be allocated in the following order: rent, water rates, and the filing fee.
4. If the tenant fails to pay current rent and the debt within 2 working days of the due dates:
a. The tenancy at [ADDRESS], [POSTCODE] will terminate and the landlord will have immediate possession of the premises.
b. The balance of the debt will be payable immediately.
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5. The landlord’s claim for water rates from 21 August 2023 to 8 February 2024 is dismissed.
Reasons:
1. A representative of the landlord attended the hearing by telephone.
2. The tenant did not join by the video link provided and did not answer calls to their mobile made during the hearing.
3. The landlord has applied for termination of the tenancy, outstanding water rates and refund of the bond.
Should a conditional termination order be made?
4. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
5. The landlord claims that the tenant breached their obligations by failing to water rates.
6. A tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to their occupation of the premises or to their use of the facilities (see s 39(3) RTA). Therefore, tenants are only liable for the electricity, gas, telephone and internet they use, and for water charges based on consumption (s 39(4) RTA). They are not liable for fixed water charges.
7. In relation to water charges, the District Court held in Woollams v Simpson (DC Auckland CIV-2005-004-1583, 16 March 2006), that there was an implied term in the tenancy agreement that the landlord would provide water accounts at regular intervals, and within a reasonable time, to enable payment to be made. [ADDRESS] determined that, because the landlord had failed to do so, the tenant was only required to pay the last two accounts, which covered a period of just over four months.
8. This tenancy started on 21 August 2023. The landlord did not provide water accounts until 14 September 2024. On that day it sent an invoice for water charges from 8 February 2024 to 7 August 2024 in the sum of $1,002.45. That claim is proved.
9. On 23 September 2024, the landlord claimed water rates of $1,239.42 for an earlier period. The landlord says that the amount claimed was from the start of the tenancy until 7 February 2024. The landlord received that invoice in March but did not act on it or claim it from the tenants for 6 months. Further the invoice from the council includes a period before this tenancy started. The
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Council invoice is from 9 August 2023 to 7 February 2024. Applying the [NAME] decision, the claim for water rates from 21 August 2023 to 7 February 2024 is dismissed.
10. The landlord also claimed the most recent water rates invoice from the tenants. That was an invoice of $835.44, sent on 14 March 2025. That amount is proved. In summary, I award total water rates of $1,837.89 to 11 February 2025.
11. On 11 November 2024 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. The tenant has not engaged with the landlord regarding the outstanding water rates. The amount owing is significant. It would be inequitable to refuse to terminate the tenancy.
12. Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I have granted a conditional termination, to provide the tenant with a final opportunity to pay the water rates. See section 78(3) Residential Tenancies Act 1986.
13. The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
[NAME]
18 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
- Tenants are only liable for water charges based on actual consumption.
- The landlord failed to provide regular water accounts, limiting the tenant's responsibility to the last two accounts.
- The tenant was not engaged with the landlord regarding the outstanding water rates.
❌ Tends to be rejected
- Tenants are liable for fixed water charges unrelated to actual consumption.
- The landlord claimed water rates covering periods before the tenancy began.
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 outstanding water rates and rent, dismissing earlier claims for water rates.
What was the dispute about?
The dispute was about whether the tenant owed water rates and rent to the landlord.
How did the court decide, and why?
The court decided that the tenant must pay outstanding water rates and rent, but dismissed earlier claims for water rates because the tenant was only liable for water charges based on consumption, not fixed charges.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 54 and 39 were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was only liable for water charges based on consumption, not fixed charges.
Was the decision for or against the person who brought the case?
The decision was for the landlord, ordering the tenant to pay outstanding water rates and rent.
What does this mean for someone in a similar situation?
For someone in a similar situation, they should ensure they are only paying water charges based on actual consumption, not fixed charges.
What evidence or documents mattered?
The evidence included invoices for water rates and the landlord's failure to provide regular water accounts