Tenant ordered to pay $26,958.85 for rent arrears and rubbish removal
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $26,958.85, including rent arrears and compensation for failing to remove rubbish as required by the Residential Tenancies Act 1986. The tenant agreed to these terms and will make weekly payments starting on 19 June 2025.
⚖️ Legal holding
A tenant must pay rent arrears and compensate the landlord for failing to remove rubbish as required by the Residential Tenancies Act 1986.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time and, when moving out, removing all their belongings and rubbish, and leaving the property reasonably clean and tidy.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate the landlord for rubbish removal.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $26,958.85, including rent arrears to 14 February 2025 and compensation for failing to remove rubbish as required by section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5227511
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] $26,958.85 (‘the debt’) as shown in table below.
Description Landlord Tenant Rent arrears to 14 February 2025 $25,589.15 Rubbish removal $1,564.70 Total award $27,153.85 Bond $195.00 Total payable by Tenant to Landlord $26,958.85
2. This order incorporates and replaces the Tribunal order made on 19 December 2024 under application 5099529.
3. The Bond Centre is to pay the bond of $195.00 (63472306) to Kāinga Ora– Homes And Communities immediately.
4. [NAME] will pay the debt by weekly payments of $100.00 commencing on Thursday 19 June 2025 and continuing on or before every Thursday until the debt has been paid in full.
5. If [NAME] fails to pay the debt as set out in order 4 above within 2 working days of the due date(s) the balance of the debt will be payable immediately.
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Reasons:
1. Both parties attended the hearing. [NAME] represented the landlord.
2. The landlord has applied for rent arrears, compensation, and refund of the bond following the end of the tenancy.
3. The tenancy ended on 14 February 2025. The landlord provided rent records which proves the amount owing at the end of the tenancy.
4. [NAME] did not remove all rubbish at the end of the tenancy as required by section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The amount claimed has been established.
5. [NAME] did not dispute the amounts claimed and she agreed to pay the debt as set out in order 4 above.
6. On 19 December 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 23 December 2024 of $26,317.00 ([NAME] subsequently made payments towards the rent debt reducing the amount ordered under this application). The previous order is incorporated into this order for enforcement purposes.
R Merrett
09 June 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 owed rent arrears as proven by the landlord's rent records.
- The tenant did not remove all rubbish as required by the Residential Tenancies Act 1986.
- The tenant agreed to pay the total debt without disputing the amounts claimed.
❌ Tends to be rejected
- The tenant did not provide any counter-evidence or arguments to dispute the rent arrears.
- The tenant did not challenge the claim for compensation related to the failure to remove rubbish.
- The tenant did not contest the previous order made on 19 December 2024.
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 $26,958.85, including rent arrears and compensation for failing to remove rubbish.
What was the dispute about?
The dispute was about unpaid rent arrears and compensation for the landlord's expenses related to rubbish removal.
How did the court decide, and why?
The court decided that the tenant owed the landlord $26,958.85, including rent arrears and compensation for failing to remove rubbish as required by the Residential Tenancies Act 1986.
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 failed to remove all rubbish at the end of the tenancy as required by the Residential Tenancies Act 1986.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they remove all rubbish at the end of their tenancy to avoid having to pay compensation.
What evidence or documents mattered?
The evidence included rent records proving the amount owing at the end of the tenancy and the landlord's claim for compensation for rubbish removal.