Tenant Found Liable for Rent Arrears and Cleaning Costs
📌 In brief
The Tenancy Tribunal decided that the tenant must pay rent arrears and cleaning costs but dismissed the claim for rubbish removal because the landlord did not provide enough notice.
⚖️ Legal holding
A tenant is liable for rent arrears and cleaning costs if the landlord provides sufficient evidence.
📖 What the law says
This section states that a tenant must pay rent on time as agreed in their tenancy agreement. It also requires the tenant to keep the rental property reasonably clean and tidy.
Upon moving out, this section requires a tenant to leave the property in a reasonably clean and tidy state. They must also remove all their belongings and any rubbish from the premises.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant successfully recovered rent arrears and cleaning costs but failed to recover damages for rubbish removal.
📜 Headnote Official document
The Tenancy Tribunal ruled that the tenant was liable for rent arrears and cleaning costs but dismissed the claim for rubbish removal due to lack of proper notice.
📚 Full judgment Official document
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[2025] NZTT 5105168
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For [NAME] $503.00 immediately, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $2,280.00 (6019214-004) to [COMPANY] As Agent For [NAME] immediately.
3. The late claim in respect of rubbish removal is dismissed.
Description Landlord Tenant Rent arrears to 6.11.24 $2,055.72 Cleaning $550.00 Repairs: Broken power point $150.28 Filing fee reimbursement $27.00 Total award $2,783.00 Bond $2,280.00 Total payable by Tenant to Landlord $503.00
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Reasons:
1. The landlord attended the hearing via remote teleconference. An attempt to contact the tenant on the telephone number provided was unsuccessful. The hearing continued in the absence of the tenant.
2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
3. The tenancy ended on 6 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted this evidence I am satisfied that the tenant is responsible for this debt.
4. The claim for rent arrears is proven.
Did the tenant comply with their obligations at the end of the tenancy?
5. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
Cleaning
6. The landlord claims that the tenant did not leave the premises reasonably clean and tidy. Photographic evidence was provided confirming the state of the premises at the start and conclusion of the tenancy.
7. Having sighted this evidence I am satisfied that the tenant failed to leave the premises in a reasonably clean and tidy condition. The landlord provided an itemised cleaning invoice dated 22 December 2024. The amount claimed is reasonable based on the evidence provided.
8. The claim for cleaning is allowed.
Rubbish removal
9. The landlord claims for rubbish removal. This claim was not included in their original application filed on 11 December 2024. I was provided with an undated handwritten invoice for rubbish removal just prior to the hearing. The claim is for a significant amount of money and needed to have been included in the landlord’s application. A tenant also has the right to know what claims are made against them well prior to the hearing date.
10. Accordingly, the claim for rubbish removal must be dismissed.
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Is the tenant responsible for the damage to the premises?
11. A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
12. Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
13. Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
14. Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
15. Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
16. Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
Power point damage
17. The landlord claims that the tenant damaged a double power point during the tenancy. I have sighted photographic evidence of the power point along with an itemised invoice from [NAME] dated 20 December 2024. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
18. The claim is allowed.
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19. [COMPANY] As Agent For [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
[NAME]
12 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
- The landlord provided rent records that proved the amount owing at the end of the tenancy.
- Photographic evidence confirmed the state of the premises at the start and conclusion of the tenancy.
- The landlord provided an itemised cleaning invoice, and the amount claimed was reasonable.
- The landlord provided photographic evidence and an itemised invoice for the damaged power point.
- The damage to the power point was more than fair wear and tear, and the tenant did not disprove liability.
❌ Tends to be rejected
- The claim for rubbish removal was not included in the landlord's original application.
- The claim for rubbish removal was for a significant amount of money and should have been included earlier.
- The tenant had a right to know about claims against them well before the hearing date.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay rent arrears and cleaning costs but the claim for rubbish removal was dismissed.
What was the dispute about?
The landlord claimed rent arrears, cleaning costs, and rubbish removal costs from the tenant.
How did the court decide, and why?
The court decided that the tenant must pay rent arrears and cleaning costs because the landlord provided sufficient evidence, but the claim for rubbish removal was dismissed due to lack of proper notice.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 40(1)(ca) were applied.
What was the argument that mattered most?
The argument that mattered most was whether the landlord had provided sufficient notice of the claim for rubbish removal.
Was the decision for or against the person who brought the case?
The decision was partly for and partly against the landlord who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they provide sufficient notice of claims to avoid having those claims dismissed.
What evidence or documents mattered?
Photographic evidence and itemised invoices mattered in this case.