Tenant Ordered to Pay $14,713.68 for Rent Arrears and Rubbish Removal
📌 In brief
The Tenancy Tribunal ordered a tenant to pay $14,713.68 to the landlord for rent arrears and rubbish removal costs. The tenant left the premises unclean and with unpaid rubbish charges, violating their obligations under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is required to leave the premises reasonably clean and tidy, remove all rubbish, and pay for any outstanding rubbish removal charges.
📖 What the law says
This section states that a tenant must pay rent on time and keep the rented property reasonably clean and tidy. When moving out, the tenant must leave the property in a reasonably clean and tidy condition and remove all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant was awarded $14,713.68 for rent arrears and rubbish removal costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $14,713.68 for rent arrears and rubbish removal costs. The tenant failed to comply with their obligations at the end of the tenancy, leaving the premises unclean and with unpaid rubbish charges.
📚 Full judgment Official document
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[2025] NZTT 5056588
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $14,713.68 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 3 September 2024 $2,811.00 Rubbish removal: during tenancy $1,486.00 Rubbish removal: end of tenancy $10,416.68 Total award $14,713.68 Total payable by Tenant to Landlord $14,713.68
Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made to him at the scheduled time on the number provided to the Tribunal.
2. Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
3. The landlord has applied for rent arrears and compensation following the end of the tenancy.
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How much is owed for rent?
4. The tenancy ended on 3 September 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $2,811.00.
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.
6. At the end of the tenancy the tenant signed a consent form accepting that he was liable for the removal of all belongings left behind.
7. The premises contained a large amount of rubbish, belongings and furniture, both inside and outside. The contractors charged for twenty-nine cubic metres of rubbish removed from inside the premises and thirty-five cubic metres removed from outside the premises.
8. In addition to rubbish and belongings left behind at the end of the tenancy, the tenant was also paying off charges for removing rubbish during the tenancy. At the end of the tenancy these outstanding charges amounted to $1,486.00.
9. The landlord provided photographs and invoices in support of their claims.
10. The amounts ordered are proved.
C Lamdin
07 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 answer the calls made to him at the scheduled time.
- The landlord provided rent records proving the amount owing at the end of the tenancy was $2,811.00.
- The tenant signed a consent form accepting liability for the removal of all belongings left behind.
- Photographs and invoices supported the landlord's claims for rubbish removal charges.
❌ Tends to be rejected
- The tenant did not provide any counter-evidence or explanation for the arrears and charges.
- The tenant did not request an adjournment despite being notified of the hearing.
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 the landlord $14,713.68 for rent arrears and rubbish removal costs.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and to cover the costs of rubbish removal 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 their obligations to leave the premises clean and to pay for rubbish removal.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 40(1)(e)(ii)-(v), was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had not fulfilled their obligation to leave the premises clean and to pay for rubbish removal.
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 comply with their obligations at the end of a tenancy to avoid such costs.
What evidence or documents mattered?
Photographs and invoices provided by the landlord were used to support the claims.