Tenant Ordered to Pay $369.40 for Rent Arrears and Cleaning Costs
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $369.40 for unpaid rent, electricity charges, and cleaning costs because the tenant did not leave the rental property in a clean and tidy condition when the tenancy ended.
⚖️ Legal holding
A tenant must pay rent arrears, electricity charges, and compensation for cleaning and rubbish removal.
📖 Technical summary
The Tribunal awarded the landlord $369.40 for rent arrears, electricity charges, and cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $369.40 for rent arrears, electricity charges, and cleaning costs after the tenant failed to leave the premises in a reasonable state upon termination of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5086730
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room 1, [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] $369.40 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 26/11/2024 $314.29 Electricity charges $3.11 Cleaning/rubbish removal $25.00 Filing fee reimbursement $27.00 Total award $369.40 Total payable by Tenant to Landlord $369.40
Reasons:
1. A hearing was held by teleconference on 26 March 2025. The landlord attended the hearing. The Tribunal was unable to contact the tenant on the contact number provided. I was satisfied that adequate service of the hearing notice had been completed and deemed it reasonable to proceed in the tenant’s absence.
2. The landlord has applied for rent arrears, electricity charges, compensation for cleaning/rubbish removal, and reimbursement of the filing fee following the end of the boarding house tenancy.
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How much is owed for rent?
3. The tenancy ended on 26 November 2024. The landlord has provided records which prove the amount of rent ($314.29) and electricity charges ($3.11) owing to 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 goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 66M(b) to (e) Residential Tenancies Act 1986.
5. In relation to the claim for cleaning and rubbish removal, the landlord seeks compensation of $25.00. While the landlord has not provided photographic evidence, which are usually expected in support of such claims, I accept her oral evidence as credible and sufficient in this instance, given the minor nature of the claim and that it is undefended. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord gave clear, specific evidence as to the condition of the room at the end of the tenancy and the work she personally undertook to return it to a reasonable standard. On balance, I find the claim established.
Filing Fee
6. As the landlord has been wholly successful in her application, I order the tenant to reimburse the filing fee.
J Setefano
10 April 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 provided records proving the amount of rent arrears and electricity charges.
- The landlord gave clear, specific evidence about the condition of the room at the end of the tenancy.
- The claim for cleaning and rubbish removal was considered credible and sufficient due to the minor nature and lack of defense.
- The landlord was successful in her application and thus ordered to be reimbursed for the filing fee.
❌ Tends to be rejected
- The tenant did not provide any defense or evidence regarding the cleanliness of the room or the charges.
- The tenant did not respond to the hearing notice, leaving the landlord's claims unchallenged.
- There was no photographic evidence provided by the landlord for the cleaning claim, but the oral evidence was accepted.
- The tenant's absence was deemed reasonable by the tribunal, but this did not affect the outcome of the landlord's 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 $369.40 for rent arrears, electricity charges, and cleaning costs.
What was the dispute about?
The dispute was over the tenant's failure to pay rent arrears, electricity charges, and to leave the premises clean and tidy at the end of the tenancy.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not fulfill their obligations at the end of the tenancy, leaving the premises untidy and failing to pay outstanding bills.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 66M(b) to (e) were applied.
What was the argument that mattered most?
The most important argument was that the tenant did not leave the premises in a reasonable state, requiring the landlord to clean and tidy the space.
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 condition and pay all outstanding bills before the tenancy ends.
What evidence or documents mattered?
The landlord provided records showing the amount of rent and electricity charges owing, and gave clear evidence of the condition of the room at the end of the tenancy.