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AllowedTenancy Tribunal·

Tenant Ordered to Pay $719.27 for Rent Arrears and Cleaning Costs

Case No.

📌 In brief

The Tenancy Tribunal ruled that the tenant must pay $719.27 to the landlord for unpaid rent and cleaning costs after the tenant left the rental property in a messy condition.

⚖️ Legal holding

A tenant must pay rent arrears and compensate the landlord for cleaning and rubbish removal costs if they fail to leave the premises reasonably clean and tidy.

📖 What the law says

Residential Tenancies Act 1986 s.40

This rule states that a tenant must pay rent on time and 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 their belongings and rubbish.

Residential Tenancies Act 1986 s.92

This rule allows the Tenancy Tribunal to proceed with a hearing and make a decision, or dismiss or postpone the matter, even if a party does not attend, as long as they were properly notified of the hearing.

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 cleaning and rubbish removal costs.

📜 Headnote Official document

The Tenancy Tribunal ordered the tenant to pay $719.27 to the landlord for rent arrears and cleaning costs after the tenant failed to leave the premises reasonably clean and tidy upon termination of the tenancy.

📚 Full judgment Official document

__________________________________________________________________________________ 5153691 1

[2025] NZTT 5153691

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted] As Agent For [NAME]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] [NAME] As Agent For [NAME] $719.27 immediately, calculated as shown in table below.

2. The [COMPANY] is to pay the bond of $1,840.00 (5815670-006) to [COMPANY] [NAME] As Agent For [NAME] immediately.

Description Landlord Tenant Rent arrears to 17/2/25 $1,754.27 Cleaning & rubbish removal $778.00 Filing fee reimbursement $27.00 Total award $2,559.27 Bond $1,840.00 Total payable by Tenant to Landlord $719.27

__________________________________________________________________________________ 5153691 2

Reasons:

1. The landlord attended the hearing represented by [NAME].

2. [NAME] did not attend the hearing. He answered the first call, but it then got disconnected. He did not answer the further four calls made to his phone during the hearing. He had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in his absence.

3. [NAME] had hoped that [NAME] would attend the hearing as his view was that [NAME] was not attempting to evade his obligations however is currently in a difficult place. He had signed the bond form however there was an issue with it and the [COMPANY] did not accept it.

4. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

5. The tenancy ended on 17 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

6. 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) RTA.

7. The landlord has proven in evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

8. The amount sought is proven in evidence and considered reasonable in the circumstances.

9. [COMPANY] [NAME] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.

10. [NAME] is urged to contact his landlord to discuss payment arrangements to avoid the use of a debt collection services.

[NAME]

09 May 2025

__________________________________________________________________________________ 5153691 3

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/

__________________________________________________________________________________ 5153691 4

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 owes rent arrears as proven by the landlord's rent records.
  • The tenant did not leave the premises reasonably clean and tidy, requiring cleaning and rubbish removal costs.
  • The landlord is entitled to the bond repayment as the tenant failed to meet their obligations.

❌ Tends to be rejected

  • The tenant's hope that attending the hearing would show they were not evading obligations did not affect the ruling.
  • The issue with the bond form signed by the tenant did not change the outcome of the case.

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 $719.27 to the landlord for rent arrears and cleaning costs.

What was the dispute about?

The landlord claimed rent arrears and cleaning costs because the tenant did not leave the rental property clean and tidy.

How did the court decide, and why?

The court decided in favour of the landlord because the tenant failed to meet their obligation to leave the premises clean and tidy.

Which laws or rules were applied?

The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 92 were applied.

What was the argument that mattered most?

The most important argument was that the tenant did not leave the premises clean and tidy, which is required under the Residential Tenancies Act.

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 rental property clean and tidy to avoid having to pay additional costs.

What evidence or documents mattered?

The rent records and evidence of the state of the premises at the end of the tenancy were important.

Official source: Tenancy Tribunal headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Tenancy Tribunal and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.