What was Tenancy Tribunal case 5304479 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $12,854.56 immediately, calculated

How much money was awarded in case 5304479?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $15,610.00 awarded to landlord; Water Rates: $496.56 awarded to landlord

What type of tenancy dispute was case 5304479?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5304479?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12661775-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5304479 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $12,854.56 immediately, calculated

How much money was awarded in case 5304479?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $15,610.00 awarded to landlord; Water Rates: $496.56 awarded to landlord

What type of tenancy dispute was case 5304479?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5304479?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12661775-Tenancy_Tribunal_Order.pdf.

50 Arthur Road, Hillpark, Auckland 2102 Tenancy Tribunal Case 5304479 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5304479 — net $12,854.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 3 August 2025	$15,610.00	Rent arrears (to 3 August 2025
Water rates (to 26 June 2025	$496.56	Water rates (to 26 June 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$12,854.56
Total payable by Tenant to Landlord	$12,854.56

[The tenant/s] must pay [The landlord/s] $12,854.56 immediately, calculated as shown in table below: DescriptionLandlord Rent arrears (to 3 August 2025)$15,610.00 Water rates (to 26 June 2025)$496.56 Filing fee reimbursement$28.00 Total award$16,134.56 Bond$3,280.00 Total payable by Tenant to Landlord$12,854.56

The Bond Centre is to pay the bond of $3,280.00 (3838557-002) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.

The landlord has applied for rent arrears and water rates following the end of the tenancy.

The landlord said that the tenancy ended on 3 August 2025 and provided rent records which prove the amount owing to that date, of $15,610.

The tenant disputes the amount claimed. He says that he moved out on 14 June 2025, as he was required to by a termination notice issued by the landlord.

On 4 May, the landlord sent an email to the tenant, giving 42 day’s notice to end the tenancy. The tenant replied, that day, questioning the notice period and stating his belief that 90 days notice was required. The landlord replied on 5 May 2025, acknowledging that the tenant was correct, and providing 90 days notice of termination, with the tenancy ending on 3 August 2025. The landlord referred to the escalating rent arrears and offered to end the tenancy earlier to avoid the tenant’s debt accruing.

The tenant says that his phone broke between 4 and 5 May, with the result that he thought the initial termination stood, and he moved on 14 June 2025. The emails sent by the landlord on 4 and 5 May were to the same email address as the tenant now uses. He says that he recovered some emails after May.

I find that the landlord gave 90 days notice to the tenant’s email address for service on 5 May 2025. The tenant ended on 3 August 2025. The landlord is entitled to rent to that date of $15,610.00.

The landlord also claimed water rates of $4,410. He provided two water rates invoices in support of his claim. One dated 2 February 2024, for the period September 2023 to February 2024. This tenancy started in October 2023. The other invoice was dated 26 June 2025, for the period February to June 2025.

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.

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. The Court 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.

In this case, the February 2024 water invoice included current consumption charges of $122.90. The amount outstanding from previous invoices had accrued before this tenancy started.

The June 2025 invoice had current consumption charges of $496.56. There were no invoices provided for the period March 2024 to February 2025, so it was impossible to determine how much of the debt might be attributable to the tenant’s water use. There were only two actual readings during this tenancy shown on the two invoices provided in evidence. One of those showed no usage in the relevant period and the other was very modest, compared to the estimates.

There is also no evidence of the landlord providing invoices to the tenant on a regular basis. It seems that water rates were sent to the tenancy address but addressed to the landlord.

On the evidence before me, I award the landlord the consumption charges from the June 2025 invoice only, of $496.56.

The bond is to be released to the landlord. As the landlord was substantially successful, I also award reimbursement of the Tribunal application fee.

Claims and awards in Tenancy Tribunal application 5304479 — net $12,854.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 3 August 2025	$15,610.00	Rent arrears (to 3 August 2025
Water rates (to 26 June 2025	$496.56	Water rates (to 26 June 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$12,854.56
Total payable by Tenant to Landlord	$12,854.56

Order

[The tenant/s] must pay [The landlord/s] $12,854.56 immediately, calculated as shown in table below: DescriptionLandlord Rent arrears (to 3 August 2025)$15,610.00 Water rates (to 26 June 2025)$496.56 Filing fee reimbursement$28.00 Total award$16,134.56 Bond$3,280.00 Total payable by Tenant to Landlord$12,854.56
The Bond Centre is to pay the bond of $3,280.00 (3838557-002) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears and water rates following the end of the tenancy.
The landlord said that the tenancy ended on 3 August 2025 and provided rent records which prove the amount owing to that date, of $15,610.
The tenant disputes the amount claimed. He says that he moved out on 14 June 2025, as he was required to by a termination notice issued by the landlord.
On 4 May, the landlord sent an email to the tenant, giving 42 day’s notice to end the tenancy. The tenant replied, that day, questioning the notice period and stating his belief that 90 days notice was required. The landlord replied on 5 May 2025, acknowledging that the tenant was correct, and providing 90 days notice of termination, with the tenancy ending on 3 August 2025. The landlord referred to the escalating rent arrears and offered to end the tenancy earlier to avoid the tenant’s debt accruing.
The tenant says that his phone broke between 4 and 5 May, with the result that he thought the initial termination stood, and he moved on 14 June 2025. The emails sent by the landlord on 4 and 5 May were to the same email address as the tenant now uses. He says that he recovered some emails after May.
I find that the landlord gave 90 days notice to the tenant’s email address for service on 5 May 2025. The tenant ended on 3 August 2025. The landlord is entitled to rent to that date of $15,610.00.
The landlord also claimed water rates of $4,410. He provided two water rates invoices in support of his claim. One dated 2 February 2024, for the period September 2023 to February 2024. This tenancy started in October 2023. The other invoice was dated 26 June 2025, for the period February to June 2025.
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.
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. The Court 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.
In this case, the February 2024 water invoice included current consumption charges of $122.90. The amount outstanding from previous invoices had accrued before this tenancy started.
The June 2025 invoice had current consumption charges of $496.56. There were no invoices provided for the period March 2024 to February 2025, so it was impossible to determine how much of the debt might be attributable to the tenant’s water use. There were only two actual readings during this tenancy shown on the two invoices provided in evidence. One of those showed no usage in the relevant period and the other was very modest, compared to the estimates.
There is also no evidence of the landlord providing invoices to the tenant on a regular basis. It seems that water rates were sent to the tenancy address but addressed to the landlord.
On the evidence before me, I award the landlord the consumption charges from the June 2025 invoice only, of $496.56.
The bond is to be released to the landlord. As the landlord was substantially successful, I also award reimbursement of the Tribunal application fee.

Tenancy Tribunal case 5304479 — Rent arrears at 50 Arthur Road, Hillpark, Auckland 2102

At a glance

Tenancy Tribunal case 5304479 — Rent arrears at 50 Arthur Road, Hillpark, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions