Tenant ordered to pay rent arrears and charges at end of tenancy
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and several charges such as water rates and cleaning fees at the end of the tenancy. The ruling was based on the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is responsible for rent arrears and certain damages and cleaning costs incurred at the end of the tenancy.
📖 What the law says
This section states that a tenant must pay rent on time as agreed. It also requires a tenant to keep the rental property reasonably clean and tidy, and to leave it in that condition when moving out, removing all their belongings and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and various charges including water rates and cleaning fees.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and various charges including water rates and cleaning fees at the end of the tenancy. The decision was based on the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 4976777
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] T/As [NAME] As Agent for [NAME] $2,325.94 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears $1,514.29 Cleaning $389.74 Carpet Cleaning $189.75 Rubbish removal: greenwaste $138.00 Lawns and Garden work: fill hole $74.75 Water rates: Sept to Dec 2023 $183.62 Water rates: Dec 2023 to July 2024 $791.84 Water rates: July 2024 to Sept 2024 $189.32 Repairs, walls, floor and vanity $1026.41 Filing fee reimbursement $27.00 Total award $4,325.94 Bond $2,000.00 Total payable by Tenant to Landlord $2,325.94
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Reasons:
1. The hearing was conducted remotely. The property manager appeared on behalf of the landlord. Attempts to reach the tenant by phone were unsuccessful.
2. This was a rehearing of the landlord’s application. The rehearing had been granted because the decision had been issued when in complete.
3. The landlord had applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
4. Since the first hearing, the bond of $2000 has been paid to the landlord.
5. The landlord wanted to deal with the rehearing by showing where the shortfalls were in what he was claiming. Because it was a rehearing, all claims must be considered anew. The onus is on the landlord to prove all claims. The previous decision has been set aside and is not binding on the Tribunal. The standard of proof required is on the balance of probabilities.
6. The landlord seeks a total $4,439.62 less the $2000 bond, leaving a total of $2,439.62. The calculation was based on the following:
Rent arrears $1,514.28
Water usage 29/09/23 - 27/12/23 $183.62
Water usage 27/12/2023 - 17/07/2024 $113.68
Water usage 17/07/2024 - 10/09/2024 $180.32
Water rates $791.81
Rubbish removal $138.00
Cleaning $200.00
Lawns and Garden work $74.75
Carpet Cleaning $189.75
Repairs: Walls, vanity and floor $1,026.41
Filing fee reimbursement $27.00
Total awarded $4,439.62
How much is owed for rent and water rates?
7. The tenancy ended on 9 September 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,514.29. That amount is ordered.
8. The claims water rates were extensive.
9. There are two invoices from the landlord to the tenant for water rates, without any evidence from the Far North District Council. One is dated 27 February
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2024 for the period 29/09/23 - 27/12/23. It is for $196.00 less $12.38, leaving a total owing of $183.62.
10. The only invoice from the Far North District Council was for the period 27 December 2023 to 17 July 2024 for the sum of $791.84.
11. The next period is covered by an invoice from the landlord for the period 17 July 2024 to 10 September 2024 and is for $180.32.
12. At the hearing, the landlord said there should be four invoices. The fourth invoice was not on the file. I gave him a further opportunity to file evidence relating to water rates. However the next invoice filed (also from the landlord to the tenant) is for the period 27 December 2023 to 10 September 2024 for $113.68.
13. However, that period, 27 December 2023 to 10 September 2024 is also covered by the Far North District Council invoice for $791.84 covering the period 17 December 2023 to 17 July 2024 and the landlord’s invoice covering 17 July 2024 to 10 September 2024. The landlord has not explained why this invoice overlaps the periods covered by two other invoices. Therefore, no order is made for the sum of $113.68. The remaining amounts are ordered.
Did the tenant comply with their obligations at the end of the tenancy?
14. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. See section 40(1)(v) Residential Tenancies Act 1986.
15. The landlord had provided invoices for cleaning for $200 and removal of greenwaste for $138.00. There was also an invoice for $189.75 for carpet cleaning.
16. There were no photographs available at the hearing.
17. The landlord was allowed a further opportunity to send relevant photographs before the end of the day. The landlord provided photographs of the premises at the start of the tenancy as well as copies of routine inspections and photos at the end of the tenancy, along with a copy of a reporting email to the owner.
18. Because the photographs not submitted until after the hearing and so the landlord could not explain what cleaning was required. From the photos it appeared that some cleaning had been done. The invoice was for the following:
Remove Household Items Replace light bulbs Rangehood filters and oil Remove String Clothes Line Clean mud off curtains Under laundry basin
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Plus surface wipes All sills Bathroom/Kitchen
19. I am satisfied that some further cleaning was required to leave the premises reasonably clean and tidy, and some items needed to be removed.There was a pile of green waste left outside. There were marks on the carpet. Those amounts are ordered.
20. In addition the photos showed a hole in the lawn that was filled with muddy rainwater. The landlord provided an invoice for $74.75 for filling in the hole. That amount is ordered.
21. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
22. A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
23. Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
24. Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
25. Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
26. Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
27. The landlord produced photographs showing gouges, scrapes and small holes on multiple walls, what appeared to be small cigarette burns on the hard floors, stickers and adhesive hooks left on the walls and marks to the vanity. The tradespeople were able to sand back and fill the burn marks and sand and paint
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the remainder. The landlord claimed $1,026.41 for the repairs based on an invoice.
28. The amounts ordered are proved.
29. I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
30. [COMPANY] T/As [NAME] As [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
31. The landlord is reminded that when claiming for cleaning or repairs, photographs of the premises at the start and end of the tenancy are usually provided along with descriptions of the cleaning or repairs claimed as well as itemised invoices.
[NAME]
21 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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant owes $1,514.29 for rent arrears as proven by the landlord's rent records.
- The tenant is responsible for water rates totaling $1,175.46, including specific periods from the landlord's invoices.
- Cleaning and removal of green waste costs $389.74 are owed due to the premises needing further cleaning at the end of the tenancy.
- The tenant must pay $189.75 for carpet cleaning as there were marks on the carpet requiring attention.
- The tenant is liable for lawn repair costs of $74.75 as there was a hole in the lawn filled with muddy rainwater.
❌ Tends to be rejected
- The landlord's claim for the fourth invoice related to water rates was not accepted due to lack of evidence and overlapping periods covered by other invoices.
- The tenant is not responsible for the full amount of water rates claimed by the landlord, as some invoices overlapped and lacked supporting evidence from the Far North District Council.
- The landlord's request for reimbursement of filing fees was not addressed in the losing arguments as it was part of the winning claims.
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 rent arrears and various charges including water rates and cleaning fees at the end of the tenancy.
What was the dispute about?
The dispute was about the tenant's responsibility for rent arrears and charges such as water rates and cleaning fees at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the specified charges because the landlord provided evidence of the amounts owing and the tenant failed to provide counter-evidence.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically sections 40(1)(v) and 49B, were applied.
What was the argument that mattered most?
The most important argument was that the landlord provided clear evidence of the amounts owing, and the tenant did not provide sufficient counter-evidence.
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 have proper documentation and evidence to support their claims regarding rent arrears and charges.
What evidence or documents mattered?
The evidence that mattered included rent records, invoices for water rates and cleaning fees, and photographs of the premises at the start and end of the tenancy.