Tenant Wins Rent Arrears and Water Rates Claim, Damages Denied
📌 In brief
The Tenancy Tribunal ruled in favour of the tenant, granting recovery of rent arrears and water rates. However, the claim for damages was denied as the landlord failed to provide necessary documentation.
⚖️ Legal holding
A tenant is entitled to recover rent arrears and water rates if supported by invoices and records.
📖 Technical summary
The claimant's claim for rent arrears and water rates was successful, but the claim for damages was dismissed.
📜 Headnote Official document
The Tenancy Tribunal awarded the tenant rent arrears and water rates based on provided invoices and records, while dismissing the claim for damages due to insufficient evidence.
📚 Full judgment Official document
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[2025] NZTT 5126364
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. The Bond Centre is to pay the bond of $2,760.00 (5439077-003) immediately apportioned as follows:
[COMPANY]: $2,326.80
[NAME] and [NAME]: $433.20
Description Landlord Tenant Rent arrears to 21 September 2024 $2,252.86 Water rates $46.94 Filing fee reimbursement $27.00 Total award $2,326.80 Bond $2,326.80 $433.20
2. The landlord claim for damages is dismissed.
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Reasons:
1. Both parties attended the hearing. The landlord attended in person. The tenant attended by telephone.
2. The landlord has applied for rent arrears, water rates and damages.
3. The landlord has provided rent records and water rates invoices which prove the amount owing.
4. The landlord claimed for damages but did not provide any invoices or quotes or any pre tenancy photographs. The claim for damages is dismissed.
5. [COMPANY] has substantially succeeded with the claim I have reimbursed the filing fee.
N Walker
28 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 rent records proving the amount of rent arrears.
- The landlord provided water rates invoices showing the amount owed for water.
- The tenant did not dispute the invoices and records presented by the landlord.
❌ Tends to be rejected
- The landlord claimed for damages but did not provide any supporting invoices or quotes.
- The landlord did not provide any pre-tenancy photographs to support the damage claims.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision awarded the tenant rent arrears and water rates but dismissed the claim for damages.
What was the dispute about?
The dispute centered around the tenant's claims for rent arrears, water rates, and damages.
How did the court decide, and why?
The court decided in favour of the tenant for rent arrears and water rates because the landlord provided sufficient invoices and records. The claim for damages was dismissed due to lack of evidence.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54, was applied.
What was the argument that mattered most?
The argument that mattered most was the provision of invoices and records by the landlord to substantiate the rent arrears and water rates.
Was the decision for or against the person who brought the case?
The decision was partially for the person who brought the case, as the claim for rent arrears and water rates was allowed, but the claim for damages was dismissed.
What does this mean for someone in a similar situation?
For someone in a similar situation, providing clear and detailed invoices and records can strengthen their claim for rent arrears and water rates.
What evidence or documents mattered?
The invoices and records provided by the landlord mattered in substantiating the rent arrears and water rates.