Tenant ordered to pay $3,547.23 for rent arrears and cleaning fees
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $3,547.23 to the landlord for rent arrears, cleaning fees, and other expenses due to leaving the premises unclean. The tenant did not attend the hearing and could not be reached.
⚖️ Legal holding
A tenant must pay rent arrears and compensate the landlord for leaving the premises unclean.
📖 What the law says
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 during the tenancy and to leave it in that condition, with all rubbish removed, when they move out.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and cleaning fees.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $3,547.23 to the landlord for rent arrears, cleaning fees, and other expenses due to leaving the premises unclean. The tenant did not attend the hearing and could not be reached.
📚 Full judgment Official document
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[2025] NZTT 5104228
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] For [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay Fmra 2003 Limited T/A Managemyproperty.Co.Nz As Agent For [NAME] $3,547.23 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 24/11/2024 $2,614.29 Cleaning including oven and stove and flooring $632.50 Rubbish removal $253.00 Filing fee reimbursement $27.00 Filing fee reimbursement mediation $20.44 Total award $3,547.23 Total payable by Tenant to Landlord $3,547.23
Reasons:
1. Only the applicant landlord attended the hearing. The tenant did not join the video meeting and could not be contacted by phone.
2. The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
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How much is owed for rent?
3. The tenancy ended on 24/11/2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
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, and did not remove all rubbish. The bedroom curtains needed to be rehung.
6. The amounts ordered are proved.
7. The application is successful so the tenant is to pay the filing fee and a previous filing fee awarded at mediation.
J Maher
18 March 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 owed by providing rent records.
- The tenant did not leave the premises reasonably clean and tidy.
- The tenant failed to remove all rubbish from the property.
- The tenant did not rehang the bedroom curtains.
- The landlord's application was successful, so the tenant must pay the filing fees.
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 $3,547.23 to the landlord for rent arrears, cleaning fees, and other expenses.
What was the dispute about?
The dispute was about unpaid rent and the condition of the premises left by the tenant.
How did the court decide, and why?
The court decided that the tenant must pay the landlord because the tenant did not attend the hearing and left the premises unclean.
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 most important argument was that the tenant left the premises unclean and did not attend the hearing.
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 attend hearings and leave the premises in a reasonable state of cleanliness.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents used.