Tenant Ordered to Pay Rent Arrears and Clean Up
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears, utility costs, and cleaning fees. Additionally, the landlord was permitted to dispose of the tenant's belongings because the tenant failed to retrieve them within a reasonable timeframe.
⚖️ Legal holding
A tenant is required to pay rent arrears, utility costs, and cleaning fees, and the landlord may dispose of the tenant's belongings if they are not retrieved within a reasonable time frame.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice ending their tenancy if they believe the landlord gave the notice because the tenant complained or used their rights. The tenant must apply within 14 working days of receiving the notice.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears, utility costs, and cleaning fees, and allowed the landlord to dispose of the tenant's belongings.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears, utility costs, and cleaning fees, and allowed the landlord to dispose of the tenant's belongings. The decision was based on the Residential Tenancies Act 1986, section 54.
📚 Full judgment Official document
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[2025] NZTT 5076850
TENANCY TRIBUNAL - Whangarei | Whangārei-terenga-parāoa
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] and [NAME] $1,777.23 immediately, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $2,200.00 (6387621-006) to [NAME] and [NAME] immediately.
3. [NAME] and [NAME] may dispose any remaining tenant belongings as they see fit.
Description Landlord Tenant Rent arrears to 13 October 2024 $2,356.54 Power $580.14 Cleaning and rubbish removal $887.05 Plumbing cost $126.50 Filing fee reimbursement $27.00 Total award $3,977.23 Bond $2,200.00 Total payable by Tenant to Landlord $1,777.23
Reasons:
1. The tenancy ended on 13 October 2024.
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2. The landlords’ application seeks rent arrears, power use, cleaning and rubbish removal costs, and a plumbing repair cost.
3. The hearing took place in Whangarei on 12 February 2025. [NAME] attended the hearing. There was no appearance by the tenant. The hearing proceeded in the tenant’s absence.
4. The landlords’ rent record establishes rent arrears of $2,356.54 to the end of the tenancy.
5. Power cost was included in the weekly rent up to $200/month.
6. The landlords issued invoices to the tenant for her monthly power use over and above that amount. The outstanding amount totals $580.14.
7. Tenants must leave the premises reasonably clean and tidy and remove all rubbish at the end of the tenancy.
8. The landlords provided photographs showing the condition of the premises as at 14 October 2024. The premises were extremely unclean and untidy. The tenant left a substantial amount of rubbish and abandoned belongings.
9. The landlords have continued to store the tenant’s belongings (mostly clothing and household items such as kitchenware) since the end of the tenancy.
10. The cost of cleaning, rubbish removal, and moving belongings into storage is proven and is fair and reasonable.
11. The landlords gave the tenant 90-days to retrieve her belongings, which is substantially longer than the legal requirement of 35-days. The tenant has not retrieved the goods or contacted the landlords to make arrangements for their retrieval.
12. Based on [NAME]’s description I am no satisfied that he goods have no realisable market value beyond the cost of storage and sale.
13. Therefore, the landlord is entitled to dispose of the remaining belongings as they see fit, and I have made an order accordingly.
14. In July 2024, water began dripping into the unit below these premises. The landlords contacted a plumber to locate and repair the leak. The plumber discovered that the water came from the outlet pipe for [NAME]’s washing machine, which was not attached.
15. It was appropriate for the landlords to contact a plumber and the cost was due to the outlet pipe on the tenant’s washing machine not being attached. I agree that the cost of the plumber’s attendance should fall to [NAME].
16. The proven claim exceeds the amount of the bond. The bond will be released to the landlords.
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17. The landlords have been successful in this application, and I must also award the landlord the filing fee of $20.44.
[NAME]
12 February 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 owes $2,356.54 for rent arrears as confirmed by the landlord's records.
- The tenant owes $580.14 for excess power usage over the included amount in the rent.
- The tenant owes $887.05 for cleaning and rubbish removal costs due to leaving the premises extremely unclean.
- The tenant owes $126.50 for plumbing costs caused by the washing machine's outlet pipe not being attached.
- The tenant owes $27.00 for the landlord's filing fee reimbursement.
❌ Tends to be rejected
- The tenant did not provide any counter-evidence or attend the hearing to dispute the charges.
- The tenant did not retrieve their belongings within the given 90-day period, allowing the landlord to dispose of them.
- The tenant did not contact the landlord to arrange for the retrieval of their belongings within the extended period.
- The tenant's belongings were deemed to have no realizable market value beyond the cost of storage and sale.
- The tenant did not contest the fairness and reasonableness of the cleaning and storage costs.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision ordered the tenant to pay rent arrears, utility costs, and cleaning fees, and allowed the landlord to dispose of the tenant's belongings.
What was the dispute about?
The dispute was about unpaid rent, utility costs, and cleaning fees, as well as the disposal of the tenant's belongings left behind after the tenancy ended.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant had not paid the rent arrears, utility costs, and cleaning fees, and had not retrieved their belongings within a reasonable time frame.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54, was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had abandoned belongings and had not paid the rent arrears, utility costs, and cleaning fees.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that they must ensure they pay all rent arrears, utility costs, and cleaning fees, and retrieve their belongings within a reasonable time frame to avoid having them disposed of.
What evidence or documents mattered?
The evidence that mattered included rent records, invoices for utilities, and photographs showing the condition of the premises after the tenancy ended.