Tenants Ordered to Pay Rent and Water Arrears or Face Eviction
📌 In brief
The Tenancy Tribunal ruled that tenants must pay rent and outstanding water bills by specific deadlines or face immediate eviction. This decision is based on a previous breach notice issued for unpaid water rates, under Section 56(1) of the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant must comply with a breach notice for unpaid water rates or face immediate tenancy termination under the Residential Tenancies Act 1986.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if one party breaks the tenancy agreement or the Act. For breaches that can be fixed, the party who complained must have given the other party a notice explaining the problem and allowing at least 10 working days to fix it, which the other party then failed to do.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered tenants to pay rent and water arrears, allowing termination if payments are late.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenants to pay rent and water arrears by specific deadlines, with immediate eviction if payments are late. The decision was based on a breach notice for unpaid water rates under Section 56(1) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
OUTCOME: Allowed
__________________________________________________________________________________ 5421085 1
[2026] NZTT 5421085
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [RESPONDENT] and [RESPONDENT] must pay weekly rent as follows:-
a. $950.00 by 5:00pm on Tuesday 16 June 2026, and
b. $950.00 by 5:00pm on Tuesday 23 June 2026, and
c. $271.43 by 5:00pm on Monday 29 June 2026.
2. If the tenants fail to pay rent within 1 working day of the due dates in order 1, the tenancy at [ADDRESS], [POSTCODE] will terminate and the landlord will have immediate possession of the premises.
3. If rent is paid as in order 1, the tenancy of [RESPONDENT] and [RESPONDENT] at [ADDRESS], Henderson, [APPELLANT] will terminate and possession be granted to [APPELLANT] at 12 noon on 30 June 2026.
4. The [COMPANY] is to pay $1,481.19 from the bond (BN-00156093) to [APPELLANT[COMPANY] immediately, calculated as in the table below. The amount of $2,318.81 will remain at the [COMPANY].
__________________________________________________________________________________ 5421085 2
Reasons:
1. Only the landlord’s representative attended the hearing held remotely today. I telephoned the tenants, but the number went to voicemail. I continued the hearing in their absence as they have been emailed notice of the hearing date and time to their addresses for service and been sent text reminders.
2. The landlord has applied for termination of the tenancy, payment of rent and water arrears and refund of the bond.
3. Rent is paid up to date at the date of the hearing.
4. Water rates remain unpaid. The landlord provided records which prove the amount owing is currently $1,453.19 up to the water bill read to 6 May 2026. I award this amount to the landlord and the filing fee.
5. The landlord says the tenants have now given notice to end the tenancy on 30 June 2026.
6. The landlord agrees to allow the tenancy to continue until 30 June 2026 if the tenants keep paying the weekly rent.
7. There are grounds to terminate the tenancy immediately because the landlord gave the tenants a breach notice on 31 December 2025 and the water rates have not been paid. It would be inequitable not to terminate the tenancy because the amount unpaid has increased by $900.00 since then. Section 56(1) Residential Tenancies Act 1986.
8. I have made orders that the tenants must pay weekly rent due on 16 and 23 June 2026 and the final two days of rent owing. If they do so, the tenancy will terminate at 12 noon on Tuesday 30 June 2026.
9. If any of the weekly rent payments are more than one working day late, the tenancy will terminate, and the landlord will have the right to immediate possession.
10. The amount owing is paid to the landlord from the bond and the rest of the bond will remain at the [COMPANY].
11. No suppression orders were sought.
[NAME] 09 June 2026
__________________________________________________________________________________ 5421085 3
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, or the failure to make an order, where the amount in dispute on appeal is less than
$1000 • a final order to undertake work, or the failure to make an order, where the value of the work in
dispute on appeal is 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.
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].
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/
Reasons:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenant Ordered to Pay Damages for End-of-Tenancy Breach
- Tenancy Tribunal Tenant loses case over unpaid rent: Tenancy terminated with debt order
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Damages
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears Before Vacating Property
- Tenancy Tribunal Tenant Must Pay Rent Arrears or Face Eviction
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Filing Fee
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Return Bond
- Tenancy Tribunal Claimant Awarded Rent Arrears by Tenancy Tribunal
- Tenancy Tribunal Tenant's Abandonment and Rent Arrears Lead to Termination
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Current Rent
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- Tenant must comply with breach notices for unpaid water rates.
- Tenant must pay outstanding rent to avoid termination.
- Tenant's failure to pay rent justifies tenancy termination.
- Tenant required to pay ongoing rent and arrears to continue tenancy.
- Tenant responsible for paying all outstanding rent before vacating.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenants must pay rent and outstanding water bills by specific deadlines or face immediate eviction.
Who was involved?
A landlord and two tenants were involved in the dispute over unpaid rent and water rates.
How did the court decide, and why?
The court decided based on a previous breach notice for unpaid water rates under Section 56(1) of the Residential Tenancies Act 1986.
Which laws or rules were applied?
Section 54 and Section 56(1) of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The breach notice for unpaid water rates issued to the tenants was the central reasoning.
Was the decision for or against the person who brought the case?
The decision was in favour of the landlord, as the tenants must comply with the payment deadlines.
What does this mean for someone in a similar situation?
Tenants should ensure they pay rent and any outstanding bills to avoid eviction proceedings.
What evidence or documents mattered?
The landlord provided records proving the amount of unpaid water rates.
Can a decision like this be appealed?
Yes, either party can appeal within 10 working days using the appropriate form.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer for specific guidance on your situation.