Tenant ordered to pay $5,033.36 for leaving excessive rubbish at end of tenancy
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $5,033.36 for leaving excessive rubbish at the end of the tenancy. The tenant left a significant amount of rubbish behind, both inside and outside the property.
⚖️ Legal holding
A tenant must leave the premises reasonably clean and tidy, removing all rubbish 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. When the tenancy ends, the tenant must leave the property in a reasonably clean and tidy condition and remove all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay the landlord $5,033.36 for rubbish removal.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $5,033.36 for rubbish removal following the end of the tenancy. The tenant left a significant amount of rubbish behind, both inside and outside the property.
📚 Full judgment Official document
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[2025] NZTT 5055189
TENANCY TRIBUNAL AT AUCKLAND | TE TARAIPIUNARA RETIHANGA KI TĀMAKI MAKAURAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $5,033.36 immediately, calculated as shown in table below.
Description Landlord Tenant Rubbish removal: interior including inside the house, the under-house area and under-house storage area
$4,541.00
Rubbish removal: exterior $492.36 Total award $5,033.36 Total payable by Tenant to Landlord $5,033.36
Reasons:
1. Only the landlord attended the hearing. The landlord was represented by [NAME].
2. I delayed the start of the hearing by 20 minutes in case the tenant was running late but there was no appearance by the tenant. I am satisfied that the tenant has been served with this application and in fact the tenant appeared at an
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earlier teleconference in this matter. There is no record of the tenant seeking an adjournment of the hearing today and so the hearing proceeded in the tenant’s absence.
3. The landlord has applied for compensation for rubbish removal following the end of the tenancy.
4. This tenancy began on 22 January 2024 and ended on 13 September 2024.
Did the tenant comply with their obligations at the end of the tenancy?
5. 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.
6. The landlord said that the tenant left huge amounts of rubbish behind, both inside and outside the house. The landlord seeks the sum of $4,541.00 for rubbish removal (interior) and $492.36 for rubbish removal (exterior). The landlord produced internal documentation confirming the amounts claimed, which are calculated on a cubic metre basis.
7. The landlord produced photos from the start of the tenancy as part of an inspection report dated 21 January 2024. These photos show the property to be free from rubbish. These photos include the under the house and storage areas. The report has been signed by the tenant.
8. The landlord said that although this was a relatively short tenancy over 25 cubic metres were removed from the property at the end of the tenancy.
9. The landlord produced photos from the end of the tenancy showing:
a. Interior: Various rubbish strewn throughout the house including a couch, full black rubbish bags, a washing basket and bucket, couch cushions, a broken plastic container, various bathroom and laundry items, pet bowls and a blanket, and a variety of miscellaneous items;
b. Interior (under the house): Various rubbish including battery, a ladder, some boxes, a car jack, a large pot and a variety of miscellaneous items;
c. Interior (storage area under house): Very large amounts or rubbish including multiple chests of drawers, appliances (including a fridge), tarpaulins, pallets, multiple bed bases and mattresses, a kick-bag, a bike, paint tins, clothing and a variety of miscellaneous items.
d. Exterior: Two large piles left outside the property including the top of a pool table, whiteware, a large chest of drawers, a plastic barrel and a considerable number of miscellaneous items.
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10. This is a large claim for rubbish removal. Having reviewed the photos which show a huge amount of rubbish left behind both inside and out, and having heard from [NAME], I am satisfied that the amount sought is reasonable.
11. The amounts ordered are proved.
[NAME]
10 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 [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/
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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 left a significant amount of rubbish behind, both inside and outside the house.
- Photos from the start and end of the tenancy showed the property was initially free from rubbish but was heavily cluttered at the end.
- The landlord provided detailed documentation and photos proving the extent of the rubbish left by the tenant.
❌ Tends to be rejected
- The tenant did not provide any evidence or explanation for leaving behind such a large amount of rubbish.
- There were no records of the tenant seeking an adjournment or appearing at the hearing to contest 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 $5,033.36 for leaving excessive rubbish at the end of the tenancy.
What was the dispute about?
The dispute was about the tenant leaving a significant amount of rubbish behind at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for the cost of rubbish removal because the tenant failed to leave the premises reasonably clean and tidy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 40(1)(e)(ii)-(v) was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant left a significant amount of rubbish behind, both inside and outside the property.
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 leave the premises reasonably clean and tidy at the end of the tenancy to avoid similar costs.
What evidence or documents mattered?
Photos from the start and end of the tenancy showing the condition of the property were important evidence.