Tenant Ordered to Pay $8,111 for Damages and Unpaid Rent
📌 In brief
The Tenancy Tribunal ruled that tenants must pay the landlord $8,111.40 for damages and unpaid rent. The tenants did not attend the hearing, and the premises were left in a very messy condition, requiring extensive cleaning and rubbish removal.
⚖️ Legal holding
A tenant is required to leave the rental property in a reasonable state of cleanliness and to pay for damages and unpaid rent.
📖 Technical summary
The Tenancy Tribunal ordered the tenants to pay the landlord $8,111.40 for various damages and arrears.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenants to pay the landlord $8,111.40 for various damages and arrears, including rent arrears, cleaning, and rubbish removal costs. The tenants did not attend the hearing, and the premises were found to be in poor condition upon inspection.
📚 Full judgment Official document
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[2025] NZTT 5079248
TENANCY TRIBUNAL AT PAPAKURA | TE TARAIPIUNARA RETIHANGA KI PAPAKURA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenants
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] As Agent For C Ng $8,111.40 immediately, calculated as shown in the table below.
2. The [COMPANY] is to pay the bond of $3,040.00 (3719529-001) to [COMPANY] As Agent For C Ng immediately.
Description Landlord Tenant Rent to 28 September 2025 $1,852.00 Water charges June 2024 to end of tenancy $303.40 Lock/key replacement $214.00 Rubbish removal $6,325.00 Cleaning $2,185.00 Pest control $245.00 Filing fee reimbursement $27.00 Total award $11,151.40 Bond $3,040.00 Total payable by Tenant to Landlord $8,111.40
Reasons:
1. The landlord attended the hearing today. The tenants did not attend.
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2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Rent and Water
3. The tenancy ended on 28 September 2024 pursuant to a notice of termination from the tenants. The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy.
Cleaning, Rubbish Removal, Locks, Pest Control
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.
5. The tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish. The exit inspection photographs taken on 30 September 2024 show furniture and belongings strewn about the house including debris on the carpets. There were several mattresses left in the hallway and bedrooms, hard items such as chairs and piles of clothes. The ensuite bathroom was full of personal items. The oven still had used pots and pans inside, the kitchen cupboards were soiled with rodent faeces and expired food had been left on the bench. The inspection report identifies rodent faces and urine in most rooms. A pile of rubbish had been left by the rubbish bins and at the gate. The rubbish included car tyres and batteries.
6. The amounts claimed for rubbish removal and cleaning are admittedly high. This was a 5-bedroom 2-bathroom property. The cleaning and rubbish removal costs may have been increased by the hazardous nature of the waste (e.g. car batteries, food waste and mice faeces) and the need to wear PPE. There was approximately 60m3 of rubbish to be removed on the basis that each removal truck could accommodate slightly more than a 9m3 skip bin. The total rubbish removal cost including tip fees does not look unreasonable against that metric. The cleaning invoice records that it took two days to complete the job. I am satisfied that the claims for cleaning and rubbish removal, although high, are not exorbitant.
7. The tenants did not return the keys. The locks had to be changed to secure the premises.
8. There was a need for pest control because of the condition of the premises.
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Filing Fee
9. The application has been successful. I must award the filing fee.
M Edison
17 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 tenants did not leave the rental property in a reasonable state of cleanliness.
- The tenants did not remove all rubbish from the property.
- The tenants did not return the keys to the rental property.
- The landlord provided proof of rent arrears through rent records and water invoices.
- The cleaning and rubbish removal costs were deemed reasonable despite being high due to hazardous waste.
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 tenants to pay the landlord $8,111.40 for various damages and arrears.
What was the dispute about?
The dispute was about unpaid rent, cleaning costs, and the condition of the rental property after the tenants moved out.
How did the court decide, and why?
The court decided that the tenants must pay the landlord for damages and unpaid rent because the premises were left in a very messy condition, requiring extensive cleaning and rubbish removal.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was the condition of the premises upon exit inspection, which showed significant damage and mess.
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?
For tenants in a similar situation, it means they must ensure the rental property is left in a reasonable state of cleanliness and pay for any damages or unpaid rent.
What evidence or documents mattered?
The evidence included rent records, water invoices, and photographs showing the condition of the premises upon exit inspection.