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AllowedTenancy Tribunal·

Tenant Ordered to Pay Rent Arrears and Bond

Case No.

📌 In brief

The Tenancy Tribunal ruled that the tenant must pay $860 in rent arrears and compensate the landlord for leaving the rental property unclean. The landlord presented evidence showing the tenant's failure to meet the required exit conditions.

⚖️ Legal holding

A tenant must pay rent arrears and compensate the landlord for leaving the premises unclean.

📖 What the law says

Residential Tenancies Act 1986 s.40

This rule states that a tenant must pay rent when it is due according to their tenancy agreement. It also requires a tenant to leave the premises in a reasonably clean and tidy condition when the tenancy ends, and to remove all their belongings and rubbish.

Plain-English explanation — does not replace advice from a lawyer.

📖 Technical summary

The claimant successfully recovered rent arrears and a bond from the respondent.

📜 Headnote Official document

The Tenancy Tribunal ordered the tenant to pay $860 in rent arrears and compensate the landlord for leaving the premises unclean. The landlord provided proof of rent arrears and an exit inspection report.

📚 Full judgment Official document

__________________________________________________________________________________ 5149035 1

[2025] NZTT 5149035

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] As Agent For [NAME] $860.00 immediately, being rent arrears to 6 November 2024.

2. [COMPANY] is to pay the bond of $1,000.00 (6523794-008) to [COMPANY] As Agent For [NAME] immediately.

Description Landlord Tenant Rent arrears $1,058.00 Cleaning $775.00 Filing fee reimbursement $27.00 Total award $1,860.00 Bond $1,000.00 Total payable by Tenant to Landlord $860.00

Reasons:

3. The landlord attended the hearing by telephone. The Tenant did not attend by video or answer telephone calls made by the Tribunal on the phone number provided.

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

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How much is owed for rent arrears?

5. The tenancy ended on 6 November 2024.The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations 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) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

7. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. An exit inspection report and invoice was provided to substantiate the cleaning that was required when the Tenant left.

8. The amounts ordered are proved.

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

A Aiolupotea 27 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 landlord provided rent records proving the amount of rent arrears.
  • The tenant did not leave the premises reasonably clean and tidy.
  • The landlord provided an exit inspection report and invoice for required cleaning.

❌ Tends to be rejected

  • The tenant did not attend the hearing or respond to calls from the tribunal.
  • The tenant did not replace worn-out smoke alarm batteries during the tenancy.
  • The tenant did not replace standard light bulbs.

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 $860 in rent arrears and compensate the landlord for leaving the premises unclean.

What was the dispute about?

The dispute was about unpaid rent and the condition of the property when the tenant left.

How did the court decide, and why?

The court decided in favour of the landlord because the tenant failed to pay rent and left the property unclean.

Which laws or rules were applied?

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

What was the argument that mattered most?

The most important argument was that the tenant did not leave the premises reasonably clean and tidy, as required by law.

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 rental property in a clean and tidy condition and pay all rent due.

What evidence or documents mattered?

The evidence included rent records and an exit inspection report.

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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