Tenant ordered to pay $5,814.28 for rent arrears and damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $5,814.28 for rent arrears and damages due to leaving the property in a state requiring significant cleaning and maintenance. The tenant failed to comply with their obligations under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant must pay rent arrears and compensate the landlord for leaving the property in a state requiring significant cleaning and maintenance.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean and tidy, and leaving it in a similar condition when moving out, with all rubbish removed. In this case, the tenant failed to meet these obligations, leading to an order to pay for rent arrears and cleaning.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages for leaving the property in poor condition.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $5,814.28 for rent arrears and damages due to leaving the property in a state requiring significant cleaning and maintenance. The tenant failed to comply with their obligations under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5183155
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $5,814.28 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears as at 28 November 2024 $790.15 Rubbish removal - interior $1,362.33 Rubbish removal - exterior $2,461.80 Lawns and Garden work $1,200.00 Total award $5,814.28 Total payable by Tenant to Landlord $5,814.28
Reasons:
1. This application was scheduled to be heard by telephone. I rang the number provided for [NAME] but was unable to get through. The hearing proceeded in his absence.
2. The landlord has applied for rent arrears and compensation following the end of the tenancy.
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How much is owed for rent?
The tenancy ended on 28 November 2024. The rent record shows that on that date [NAME] owed $982.15 in rent arrears. The bond of $192.00 has been applied to that amount and [NAME] now owes $790.15 in rent arrears.
Did the tenant comply with their obligations at the end of the tenancy?
3. 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.
4. The photographs show that [NAME] left a tremendous amount of rubbish at the premises – both inside and outside the house.
5. Further to this, the house was on a very large section which was left in a very overgrown state.
6. The cost of remedying these issues has been proven.
Damages during the tenancy
7. The claim for the cost of repairs that were incurred during [NAME]’s tenancy was withdrawn at today’s hearing. This was because there was insufficient evidence provided to support the claim.
8. The fact that the claim was withdrawn means that the landlord may make another claim for this cost at a later date.
[NAME]
10 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 $790.15 in rent arrears as of the end of the tenancy.
- The tenant left the property with a significant amount of rubbish inside and outside the house.
- The tenant did not maintain the lawn and garden, leaving them in an overgrown state.
- The landlord provided photographic evidence showing the state of the property at the end of the tenancy.
❌ Tends to be rejected
- The landlord's claim for repairs incurred during the tenancy was withdrawn due to insufficient evidence.
- The tenant's obligation to leave the premises reasonably clean and tidy was not met according to the evidence presented.
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 $5,814.28 for rent arrears and damages due to leaving the property in a state requiring significant cleaning and maintenance.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and to leave the property in a reasonable state of cleanliness and tidiness.
How did the court decide, and why?
The court decided that the tenant must pay the landlord $5,814.28 because the tenant left the property in a state requiring significant cleaning and maintenance.
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 left the property in a state requiring significant cleaning and maintenance, failing to meet their obligations under the Residential Tenancies Act 1986.
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 property in a reasonable state of cleanliness and tidiness to avoid having to pay damages.
What evidence or documents mattered?
Photographs showing the state of the property were presented as evidence.