Tenant Ordered to Pay for Leaving Rubbish Behind at End of Tenancy
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay the landlord for the cost of cleaning up the mess left behind at the end of the tenancy. In this case, the tenant was ordered to pay over $2,900 for the removal of 14 cubic metres of rubbish.
⚖️ Legal holding
A tenant is required to leave the premises reasonably clean and tidy, remove all rubbish, and return all keys and security devices at the end of the tenancy.
📖 What the law says
This section outlines a tenant's responsibilities, including keeping the premises reasonably clean and tidy. At the end of a tenancy, it requires the tenant to leave the premises in a reasonably clean and tidy condition and to remove all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant successfully obtained compensation for the cost of removing rubbish left behind by the respondent at the end of the tenancy.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $2,968.67 for the cost of removing approximately 14 cubic metres of rubbish left behind at the end of the tenancy. The Tribunal found that the tenant had failed to meet their obligation under the Residential Tenancies Act 1986 to leave the premises clean and tidy.
📚 Full judgment Official document
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[2025] NZTT 5123676
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $2,968.67 immediately, calculated as shown in table below.
Description Landlord Tenant Previous order application 4986129 dated 07/11/2024 $736.81 Rubbish removal $2,204.86 Filing fee reimbursement $27.00 Total award $2,968.67 Total payable by Tenant to Landlord $2,968.67
Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant did not answer any of the calls made at the scheduled time on the two numbers provided to the Tribunal.
2. The tenant has been served by post to their residential address.
3. Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
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4. The landlord has applied for compensation and reimbursement of the filing fee following 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 tenant left approximately 14 cubic metres of rubbish and belongings of no value behind when they left the premises.
7. The landlord produced photographs and an invoice in support of oral submissions made.
8. The claim and the amount ordered is proved.
9. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
14 May 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 left approximately 14 cubic metres of rubbish behind.
- The landlord provided photographs and an invoice to support their claim.
- The claim amount was fully supported and proven by the evidence presented.
❌ Tends to be rejected
- The tenant did not attend the hearing or provide any counter-evidence.
- The tenant did not request an adjournment of the hearing.
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 $2,968.67 for the cost of removing the rubbish left behind at the end of the tenancy.
What was the dispute about?
The dispute was about the cost of removing the rubbish left behind by the tenant at the end of the tenancy.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant failed to leave the premises reasonably clean and tidy as required by the Residential Tenancies Act 1986.
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 was required to leave the premises clean and tidy, which they failed to do.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, the landlord.
What does this mean for someone in a similar situation?
For tenants, this means they must ensure the premises are left clean and tidy at the end of the tenancy to avoid having to pay for the cost of cleaning.
What evidence or documents mattered?
Photographs and an invoice were presented to show the extent of the rubbish left behind.