Tenant Failed to Comply with End-of-Tenancy Obligations
📌 In brief
The Tenancy Tribunal ruled that a tenant must remove all possessions and rubbish and return all keys at the end of a tenancy. The landlord was awarded compensation for costs incurred due to the tenant's failure to comply with these obligations.
⚖️ Legal holding
A tenant must comply with end-of-tenancy obligations including removing all possessions and rubbish and returning all keys.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent, keeping the premises reasonably clean, and notifying the landlord of damage. When a tenancy ends, the tenant must move out, remove all their belongings and rubbish, and leave the premises reasonably clean and tidy.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant successfully sought compensation for costs incurred due to the tenant's failure to comply with end-of-tenancy obligations.
📜 Headnote Official document
The Tenancy Tribunal ruled that the tenant must comply with end-of-tenancy obligations, including removing all possessions and rubbish and returning all keys. The landlord was awarded compensation for costs incurred due to the tenant's failure to comply with these obligations.
📚 Full judgment Official document
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[2025] NZTT 5119914
TENANCY TRIBUNAL - Palmerston North | Te Papaioea
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] and [NAME] $908.50 immediately, calculated as shown in the table below.
Description Landlord Rubbish removal $690.00 Lock/key replacement $191.50 Filing fee reimbursement $27.00 Total award $908.50 Total payable by Tenant to Landlord $908.50
Reasons:
1. The landlord attended the hearing.
2. The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
3. At the end of the tenancy the tenant must remove all rubbish and return all keys. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
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4. The landlord provided photographic evidence that the tenant did not remove all her possessions from the property and did not remove all rubbish.
5. The tenant did not return the keys.
6. The amounts ordered are proved.
7. The landlord applied for the costs of reletting the property upon the ending of the fixed term tenancy early. The fixed term was ended by the agreement of the parties rather than pursuant to an order of the Tribunal under section 66 RTA. The Tribunal has power under section 66(2) RTA to order compensation to a landlord where the Tribunal has made an order terminating a fixed term tenancy under section 66(1) RTA. In the absence of an order of the Tribunal reducing the fixed term tenancy and without the tenant’s consent to reimburse the fee or a specific term in the tenancy agreement providing for reimbursement, the Tribunal must dismiss this claim.
8. [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
G Baker
18 February 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 tenant did not remove all her possessions from the property.
- The tenant did not remove all rubbish from the property.
- The tenant did not return all keys to the property.
- The landlord provided photographic evidence of the tenant's failure to comply with obligations.
❌ Tends to be rejected
- The landlord claimed costs for reletting the property but lacked the necessary tribunal order to support this claim.
- The tenant's consent or a specific term in the tenancy agreement was missing to reimburse the costs for reletting the property.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided that the tenant must comply with end-of-tenancy obligations and awarded the landlord compensation for costs incurred.
What was the dispute about?
The dispute was about the tenant's failure to remove all possessions and rubbish and return all keys at the end of the tenancy.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not comply with the end-of-tenancy obligations as required by law.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 40(1)(e), was applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's failure to comply with the end-of-tenancy obligations, which included removing all possessions and rubbish and returning all keys.
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?
For someone in a similar situation, it means they must ensure they comply with all end-of-tenancy obligations to avoid being held responsible for costs incurred by the landlord.
What evidence or documents mattered?
Photographic evidence showing the tenant's failure to remove all possessions and rubbish and return all keys was presented.