Tenant Ordered to Pay $2,339.76 for Rent Arrears and Cleanup
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $2,339.76 for unpaid rent and cleaning up the property after moving out. The tenant left the premises unreasonably dirty and with a lot of rubbish, leading to additional charges for cleaning and rubbish removal.
⚖️ Legal holding
A tenant must pay rent arrears and compensate the landlord for leaving the premises unreasonably dirty and with excessive rubbish.
📖 What the law says
This section states that a tenant must pay rent on time as agreed. It also requires a tenant to keep the rented property reasonably clean and tidy, and when moving out, to leave the property in a reasonably clean and tidy condition, removing all their belongings and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal awarded the landlord $2,339.76 for rent arrears, cleaning, and rubbish removal.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $2,339.76 for rent arrears, cleaning, and rubbish removal after the tenant failed to leave the premises reasonably clean and tidy upon termination of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5197451
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $2,339.76 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 3.2.2025 $1,282.72 Cleaning $678.61 Rubbish removal: interior $378.43 Total award $2,339.76 Total payable by Tenant to Landlord $2,339.76
Reasons:
1. [NAME], representing the landlord, attended the teleconference hearing. The phone number for the tenant, the last three digits being 932, was called twice.
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Both calls went to voicemail. As the tenant was served, the hearing proceeded in her absence.
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 3 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy, which is $1,282.72.
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.
5. The landlord said the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
6. The landlord provided an entry inspection report dated 9 May 2019 and an exit/final inspection report dated 3 February 2025. The photographs in the final inspection report were taken on the day the tenant left the property.
7. The photographs in the final inspection report show drawings on the walls, dirty floors that had to be cleaned and vacuumed after rubbish strewn across the floors was removed, a dirty toilet and bath tub, dirty benchtops, grubby doors and windowsills with dust and drink stains. The photographs showed other cleaning required also.
8. Given the evidence provided, I find the landlord’s claim for cleaning in the amount of $678.61 to be reasonable and award this to the landlord for cleaning.
9. The landlord also said there was a lot of rubbish that had to be removed from the interior of the property, including a large, heavy mattress, coffee table, full rubbish bin, many personal belongings and rubbish items left on the floor or in cupboards, bathroom products, a computer screen or TV, laundry basket and other items. The landlord said that 2.5 cubic metres of rubbish was removed at a cost of $378.43, which included labour, transportation and dump fees. Given the evidence of the large and heavy items and amount of rubbish, I find this to be a reasonable cost and award $378.43 to the landlord to remove the interior rubbish at the end of the tenancy.
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10. The amounts ordered are proved.
C Price
07 May 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 proved the amount of rent owing at the end of the tenancy with rent records.
- The landlord's claim for rubbish removal was reasonable given the evidence of large and heavy items and the amount of rubbish.
- The tenant did not leave the premises reasonably clean and tidy, as shown by photographs in the final inspection report.
- The tenant did not remove all rubbish from the interior of the property, including a large mattress and other personal belongings.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay the landlord $2,339.76 for rent arrears, cleaning, and rubbish removal.
What was the dispute about?
The dispute was about the tenant's failure to leave the rental property reasonably clean and tidy, and the resulting costs for cleaning and removing rubbish.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for rent arrears and additional costs because the tenant left the property unreasonably dirty and with excessive rubbish.
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 most important argument was that the tenant did not fulfill their obligation to leave the premises reasonably clean and tidy, as evidenced by the condition of the property upon departure.
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?
Someone in a similar situation should ensure they leave the rental property in a clean and tidy state to avoid additional charges for cleaning and rubbish removal.
What evidence or documents mattered?
Photographs showing the condition of the property upon departure and reports detailing the cleaning and rubbish removal costs were crucial evidence.