VadeLab
AllowedTenancy Tribunal·

Tenant Ordered to Pay $2,438.77 for Rent Arrears and Cleaning Fees

Case No.

📌 In brief

The Tenancy Tribunal ordered the tenant to pay the landlord $2,438.77 for rent arrears, water rates, cleaning fees, and pest control because the tenant left the premises in an untidy condition.

⚖️ Legal holding

A tenant must pay the landlord for rent arrears, water rates, cleaning fees, and pest control if the premises are left in an untidy condition.

Topics

rent arrearswater ratesexit cleaningpest control

Provisions

📖 What the law says

Residential Tenancies Act 1986 s.40

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.

Residential Tenancies Act 1986 s.40

Upon ending a tenancy, this section requires the tenant to leave the property in a reasonably clean and tidy condition. 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 Tenancy Tribunal ordered the tenant to pay the landlord $2,438.77 for rent arrears, water rates, cleaning fees, and pest control.

📜 Headnote Official document

The Tenancy Tribunal ordered the tenant to pay the landlord $2,438.77 for rent arrears, water rates, cleaning fees, and pest control due to the untidy condition of the premises at the end of the tenancy.

📚 Full judgment Official document

__________________________________________________________________________________ 5107330 1

[2025] NZTT 5107330

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenants

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] are to pay [COMPANY] $2,438.77 immediately, calculated as follows:

Description Amount Rent owed up to 10 December 2024 $1,234.29 Total unpaid water rates $712.98 Cleaning fee for exit clean $375.00 German cockroach treatment fee $89.50 Filing Fee Reimbursement $27.00 Total Amount Awarded $2,438.77

Reasons:

1. The Landlord attended the hearing by phone. The Tenant did not answer when called.

2. The Landlord has applied for rent and water arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

__________________________________________________________________________________ 5107330 2

How much is owed for rent and water rates?

3. The tenancy ended on 10 December 2024. The Landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy:

a. 1,234.29 rent to 10/12/24

b. Water rates:

i. For October 2024, the water and wastewater bill is $298.97, with no payments made, leaving a balance of $298.97.

ii. For November 2024, the bill is $233.08, also unpaid, resulting in a remaining balance of $233.08.

iii. For December 2024, the water bill from November 13 to December 12 is $101.34, with no payments made, leaving a balance of $101.34.

iv. For August to September 2024, a total of $197.63 was billed with payments totalling $118.04, resulting in a balance of $79.59.

v. The total amount due across these periods is $830.02, with $118.04 paid and a remaining balance of $712.98.

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. The Landlord engaged a cleaner to undertake an exit clean, to restore the premises to a reasonably clean and tidy state. I have considered the invoice narration and approved the total amount of $375.00. I grant $89.50 for German cockroach treatment also based on the Landlord’s uncontested evidence of this being a consequence of the untidy and unclean state the Tenant kept the premises in.

6. The Landlord has wholly succeeded in its claim, and I award it the Filing Fee.

[NAME]

28 February 2025

__________________________________________________________________________________ 5107330 3

__________________________________________________________________________________ 5107330 4

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 [NAME]/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 [NAME]/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.[NAME]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/disputes/enforcing-decisions/

__________________________________________________________________________________ 5107330 5

A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: [NAME]/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 owes $1,234.29 for rent arrears.
  • The tenant owes $712.98 for unpaid water rates.
  • The tenant must pay $375.00 for the exit cleaning fee.
  • The tenant must cover $89.50 for German cockroach treatment due to the untidy condition.

❌ Tends to be rejected

  • The tenant did not provide any evidence to dispute the amounts claimed by the landlord.
  • The tenant did not attend the hearing to argue against the claims.

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 $2,438.77 for rent arrears, water rates, cleaning fees, and pest control.

What was the dispute about?

The dispute was about the tenant's failure to pay rent arrears, water rates, and to leave the premises in a clean and tidy condition.

How did the court decide, and why?

The court decided in favour of the landlord because the tenant failed to meet their obligations under the Residential Tenancies Act 1986.

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 that the tenant left the premises in an untidy condition, requiring the landlord to engage a cleaner and pest control services.

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 premises in a clean and tidy condition to avoid having to pay for cleaning and pest control fees.

What evidence or documents mattered?

The rent records, water rates invoices, and cleaning and pest control invoices mattered in this case.

Official source: Tenancy Tribunal headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Tenancy Tribunal and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.
Tenant Ordered to Pay Rent Arrears and Cleaning Fees | VadeLab