Tenant ordered to pay $1,767.43 for rent arrears and cleaning fees
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $1,767.43 for rent arrears and cleaning fees after the tenant failed to leave the premises clean and tidy at the end of the tenancy.
⚖️ Legal holding
A tenant must pay rent arrears and cleaning fees when they fail to leave the premises clean and tidy.
📖 What the law says
This rule states that a tenant must pay rent when it is due according to their tenancy agreement. In this case, the tenant was ordered to pay rent arrears.
This rule also requires a tenant, when their tenancy ends, to leave the premises in a reasonably clean and tidy condition and remove all rubbish. The tenant in this case failed to do so and was ordered to pay cleaning fees.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and cleaning fees.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $1,767.43 for rent arrears and cleaning fees after the tenant failed to leave the premises clean and tidy at the end of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5065048
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], Palmerston North, roslyn 4414
ORDER
1. [NAME] must pay [COMPANY] $1,767.43 immediately, being rent to 14 February 2025.
Description Landlord Tenant Rent arrears $1,371.43 Cleaning $396.00 Total award $1,767.43 Total payable by Tenant to Landlord $1,767.43
Reasons:
1. The Landlord attended the hearing by video. The Tenant did not attend by video nor answer the telephone call from the Tribunal.
2. The landlord has applied for rent arrears and compensation following the end of the tenancy.
How much is owed for rent?
3. The tenancy ended on 17 October 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
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Did the tenant comply with their obligations at the end of the tenancy?
4. 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.
5. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Exit photographs and an invoice for housecleaning were provided to show the tenant left behind a couch, personal items left behind and food in the kitchen cupboards and on the bench.
6. The amounts ordered are proved.
[NAME]
14 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 landlord provided proof of rent arrears through rent records.
- Exit photographs and an invoice for housecleaning showed the tenant left the unit dirty and with personal items.
❌ Tends to be rejected
- The tenant did not provide any evidence or attend the hearing to dispute the claims.
- The tenant did not fulfill their obligation to leave the premises clean and tidy.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was ordered to pay $1,767.43 for rent arrears and cleaning fees.
What was the dispute about?
The dispute was about the tenant's failure to leave the premises clean and tidy at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the landlord $1,767.43 because the tenant did not leave the premises clean and tidy, as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
Residential Tenancies Act 1986, s 40(1)(e)(ii)-(v) Residential Tenancies Act 1986, s 40(1)(ca)
What was the argument that mattered most?
The most important argument was that the tenant did not leave the premises clean and tidy, which is a requirement under the Residential Tenancies Act 1986.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they leave the premises clean and tidy at the end of the tenancy to avoid having to pay rent arrears and cleaning fees.
What evidence or documents mattered?
Exit photographs and an invoice for housecleaning were provided to show the tenant left behind a couch, personal items, and food in the kitchen cupboards and on the bench.