Tenant Ordered to Pay $2,922.64 for Non-Compliance with Tenancy Obligations
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $2,922.64 for various costs incurred due to the tenant's failure to comply with their obligations at the end of the tenancy. The tenant did not attend the hearing and the Tribunal accepted that the landlord had effectively served the tenant via email.
⚖️ Legal holding
A tenant is responsible for paying the landlord for damages and costs incurred due to the tenant's failure to comply with their obligations at the end of the tenancy.
📖 What the law says
This section states that a tenant must keep the rented property reasonably clean and tidy. It also requires the tenant, when moving out, to leave the property in a reasonably clean and tidy condition and remove all rubbish.
This section makes a tenant responsible for the actions of anyone they allow into the property. If that person does something that would break the tenancy agreement, it's treated as if the tenant did it.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay the landlord $2,922.64 for various costs incurred due to the tenant's failure to comply with their obligations at the end of the tenancy.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $2,922.64 for various costs incurred due to the tenant's failure to comply with their obligations at the end of the tenancy. The Tribunal accepted that the landlord had effectively served the tenant via email and that the tenant had failed to maintain the premises in a reasonable state.
📚 Full judgment Official document
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[2026] NZTT 5419916
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] [NAME] $2,922.64 immediately, calculated as shown in table below.
Description Landlord Tenant Water rates as at end of tenancy $1,164.15 Cleaning $143.99 Rubbish removal, including skip bin hire $696.00 Window repair plus lock change $770.50 Lawns and Garden work $120.00 Filing fee reimbursement $28.00 Total award $2,922.64 Total payable by Tenant to Landlord $2,922.64
Reasons:
1. This application was scheduled to be heard remotely. The tenant did not connect to the Teams link and nor did he ring in to the hearing as directed in the Notice of Hearing. Further, my call to the telephone number provided for him went unanswered. The hearing therefore proceeded in his absence.
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2. This application was made more than 2 months after the tenancy ended. Special service provisions, set out in s91A(2) of the Residential Tenancies Act 1986, therefore apply.
3. S91A(2)(e) provides that effective service takes place if the landlord files an application no later than 2 years after the termination of the tenancy by emailing to an email address given by the tenant as an address for service.
4. No tenancy agreement was supplied with this application and so there is no evidence of the tenant having supplied his email address as an address for service.
5. However, pursuant to s91B(2)(c) I am dispensing with the requirement for service and proceeding as if notice and documentation has been served in accordance with the Act.
6. I do so because I accept that the email address is the only method by which the landlords have been able to contact the tenant. While he has not replied to emails, they have not bounced back.
7. I am satisfied at that effective service has taken place by sending notices and documentation to the tenant’s email address.
8. The landlord makes claims for compensation for vacated costs and reimbursement of the filing fee.
How much is owed for water rates?
9. The landlord provided water rates invoices which prove that as at the end of the tenancy $1,164.15 was owing in outstanding water charges.
Did the tenant comply with their obligations at the end of the tenancy?
10. 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.
11. The photographs show that the tenant did not leave the premises reasonably clean and tidy. They also show that a considerable amount of rubbish was left behind.
12. I accept the evidence that the lawn had not been mown or the garden kept in a reasonable condition.
13. Further to this, no keys were returned and so a change of lock was required.
14. The amounts ordered to remedy these issues are proved with invoices.
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Is the tenant responsible for the damage to the premises?
15. 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.
16. I accept the evidence that a bedroom window was broken during this tenancy. This is more than fair wear and tear.
17. The cost of repair is proved with an invoice.
Filing fee reimbursement
18. I am ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful with this claim against him
[NAME]
17 June 2026
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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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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 owes $1,164.15 for outstanding water charges.
- The tenant did not leave the premises reasonably clean and tidy.
- The tenant left a considerable amount of rubbish behind.
- The tenant did not mow the lawn or keep the garden in a reasonable condition.
- The tenant broke a bedroom window during the tenancy.
❌ Tends to be rejected
- The tenant did not provide an email address for service as required by the law.
- The tenant did not return the keys, necessitating a change of lock.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenant to pay the landlord $2,922.64 for various costs incurred due to the tenant's failure to comply with their obligations at the end of the tenancy.
What was the dispute about?
The dispute was about the tenant's failure to comply with their obligations at the end of the tenancy, leading to costs for the landlord.
How did the court decide, and why?
The court decided that the tenant must pay the landlord $2,922.64 because the tenant did not leave the premises reasonably clean and tidy, and left behind a considerable amount of rubbish.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(2)(a), 41, and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant did not comply with their obligations at the end of the tenancy, leading to costs for the landlord.
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 the tenancy to avoid incurring costs.
What evidence or documents mattered?
The evidence included water rates invoices, photographs showing the state of the premises, and invoices for repairs and services.