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AllowedTenancy Tribunal·

Tenant ordered to pay for repairs and cleaning

Case No.

📌 In brief

The Tenancy Tribunal ordered the tenant to pay the landlord $678.50 for various charges including pest control, lock changes, and rubbish removal. The tenant did not attend the hearing and the Tribunal found that the tenant was responsible for leaving the premises clean and tidy.

⚖️ Legal holding

A tenant is required to leave the premises reasonably clean and tidy upon termination of the tenancy.

Topics

tenancy disputesrubbish removalrepair costs

Provisions

📖 What the law says

Residential Tenancies Act 1986 s.40

This section outlines a tenant's responsibilities, including keeping the rental property reasonably clean and tidy. It also states that when a 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 Tribunal ordered the tenant to pay the landlord $678.50 for various charges including pest control, lock changes, and rubbish removal.

📜 Headnote Official document

The Tenancy Tribunal ordered the tenant to pay the landlord $678.50 for various charges including pest control, lock changes, and rubbish removal. The tenant failed to attend the hearing and the Tribunal found that the tenant was responsible for leaving the premises clean and tidy.

📚 Full judgment Official document

__________________________________________________________________________________ 5121226 1

[2025] NZTT 5121226

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] $678.50 immediately, calculated as shown in table below:

Description Landlord Tenant Pest control $159.00 Lock/key replacement: 5 times @ $42.00 $210.00 Repairs: Door $204.00 Rubbish removal $400.50 Total paid by tenant to landlord as at the hearing date $295.00 Total award $973.50 $295.00 Net award $678.50 Total payable by Tenant to Landlord $678.50

Reasons:

1. The landlord appeared by telephone. The tenant was called three times on the telephone number provided but did not answer. The telephone hearing continued in their absence.

2. The tenancy began on 6 July 2021 and ended on 17 November 2024.

3. The landlord sought compensation for door damage, pest control, lock changes and rubbish removal.

__________________________________________________________________________________ 5121226 2

4. The tenant had been charged for pest control and lock changes through the tenancy. A damages statement was provided showing the amounts charged to the tenant, the balance owing and recorded the weekly payments of $5.00 that the tenant is making.

5. The landlord provided evidence of door damage and repairs that were charged to the tenant on 23 January 2024.

6. The landlord sought compensation for rubbish removal at the end of the tenancy. A tenant is to leave the premises reasonably clean and tidy and remove all their goods on termination of the tenancy. Section 40(1)(e)(ii),(iii), Residential Tenancies Act 1986.

7. Photographs show a couch and two seats, some small household items and appliances and about 2 bags of clothes left by the tenant. There was not enough evidence provided to support such a large claim for rubbish removal and the amount awarded is reduced to reflect this.

8. The total amount already paid by the tenant, as at the date of the hearing, is reflected in the order.

T Harris

15 April 2025

__________________________________________________________________________________ 5121226 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/

__________________________________________________________________________________ 5121226 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 was responsible for paying for pest control services during the tenancy.
  • The tenant owed money for replacing locks multiple times throughout the tenancy.
  • The tenant had to cover the cost of repairing a damaged door.
  • The tenant was required to leave the premises reasonably clean and tidy upon termination of the tenancy.

❌ Tends to be rejected

  • The landlord's claim for a large amount of money related to rubbish removal was reduced due to insufficient evidence.
  • Weekly payments of $5.00 made by the tenant towards the damages were acknowledged but did not fully cover the costs.

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 tenant to pay the landlord $678.50 for various charges including pest control, lock changes, and rubbish removal.

What was the dispute about?

The dispute was about the tenant's responsibility to pay for pest control, lock changes, and to leave the premises clean and tidy upon termination of the tenancy.

How did the court decide, and why?

The court decided that the tenant must pay the landlord $678.50 because the tenant was responsible for these charges and was required to leave the premises clean and tidy.

Which laws or rules were applied?

The Residential Tenancies Act 1986, section 40(1)(e)(ii),(iii) 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 upon termination of the tenancy.

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 premises clean and tidy and pay for any necessary repairs or services as required by their lease agreement.

What evidence or documents mattered?

The evidence included the landlord's statements of charges, the tenant's payments, and photographs of the premises at the end of the tenancy.

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.
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