Tenant Ordered to Pay Landlord for Unpaid Rubbish Removal and Filing Fees
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $445.35 for unpaid rubbish removal costs and filing fees. The tenant did not attend the hearing, and the claimant successfully proved the outstanding amount.
⚖️ Legal holding
A tenant is liable for unpaid rubbish removal costs and filing fees if they are proven on the balance of probabilities.
📖 Technical summary
The claimant successfully recovered unpaid rubbish removal costs and filing fees from the tenant.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $445.35 for unpaid rubbish removal costs and filing fees. The tenant failed to attend the hearing, and the claimant proved the outstanding amount on the balance of probabilities.
📚 Full judgment Official document
__________________________________________________________________________________ 5395021 1
[2026] NZTT 5395021
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME_2] must pay [COMPANY_1] $445.35 immediately, being rubbish removal costs and filing fee.
Description Landlord Tenant Rubbish removal $417.35 Filing fee reimbursement $28.00 Carpet Cleaning $0.00 Total award $445.35 Total payable by Tenant to Landlord $445.35
Reasons:
1. The tenant failed to make themselves available for todays hearing.
2. The applicant seeks an order for the balance of the rubbish removal costs at the end of the tenancy. The tenant had been paying off the invoice however has stopped, and an order is sought for the balance of $417.35.
3. I am satisfied on the balance of probabilities tha the amount is outstanding and proven.
4. The bond had previously been signed over to the applicant.
__________________________________________________________________________________ 5395021 2
5. Because [COMPANY_1] has wholly succeeded with the claim I must reimburse the filing fee.
S Munro
12 June 2026
__________________________________________________________________________________ 5395021 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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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/
__________________________________________________________________________________ 5395021 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 failed to make themselves available for today's hearing.
- The applicant seeks an order for the balance of the rubbish removal costs at the end of the tenancy.
- I am satisfied on the balance of probabilities that the amount is outstanding and proven.
- Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay the landlord $445.35 for unpaid rubbish removal costs and filing fees.
What was the dispute about?
The dispute was about unpaid rubbish removal costs and filing fees at the end of a tenancy.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not attend the hearing and the claimant proved the outstanding amount on the balance of probabilities.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The claimant's argument that the tenant had stopped paying for rubbish removal costs and the filing fee was proven on the balance of probabilities.
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?
Someone in a similar situation should ensure they attend the hearing and provide evidence to dispute any claims made by the landlord.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents, but it mentions that the claimant proved the outstanding amount on the balance of probabilities.
