Tenant Ordered to Pay Rent Arrears and Cleaning Costs
📌 In brief
In this Tenancy Tribunal case, the landlord successfully recovered $4,109.14 from the tenant for rent arrears and cleaning costs at the end of tenancy. The tribunal ruled that tenants must leave their rental property in a reasonably clean condition.
⚖️ Legal holding
A tenant must return premises in a reasonably clean and tidy state at the end of tenancy, as per section 40(1)(c) of the Residential Tenancies Act 1986.
📖 What the law says
This rule states that a tenant must keep the rented property reasonably clean and tidy during their tenancy. It also requires the tenant to leave the property in a reasonably clean and tidy condition and remove all rubbish when they move out.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant successfully recovered rent arrears and cleaning costs from the tenant.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $4,109.14 to the claimant for rent arrears and cleaning costs at the end of tenancy. The tribunal found that the tenant was responsible for leaving the premises in a reasonably clean state.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5427906
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [RESPONDENT] must pay [COMPANY] As Agent For [COUNSEL] & [NAME] $4,109.14 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 9 March 2026 $5,946.14 Cleaning $100.00 Lawns and Garden work $115.00 Filing fee reimbursement $28.00 Total award $6,189.14 Bond $2,080.00 Total payable by Tenant to Landlord $4,109.14
2. The Bond Centre is to pay the bond of $2,080.00 (3083017-017) to [COMPANY] As Agent For [COUNSEL] & [NAME] immediately.
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Reasons:
1. The landlord attended the hearing. The tenant did not answer the call I made to her phone.
2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
3. The landlord said the tenant moved out on in March and the landlord agreed this was the best option at the time. The landlord has not asked for any rent in lieu of notice. I find the tenancy ended on 9 March 2026.
4. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Did the tenant comply with her obligations at the end of the tenancy?
5. Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
6. In [NAME] v [NAME] (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said:
A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.
7. The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an [NAME] would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
8. The landlord provided me with photos taken at the end of the tenancy. I find the claim for the lawns is reasonable.
9. I have allowed a small amount for cleaning. The oven and some of the kitchen cupboards were not left in a reasonable condition. The claim for cleaning the rest of the house is hard to determine because the house is very old, and it is hard to tell what needs cleaning and what needs maintenance. I also note that tenants are not required to pull appliances out to clean, and cleaning spots off the ceilings between tenancies is a landlord maintenance job.
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Other orders
10. Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
11. A request has been sent to the Bond Centre.
[NAME]
08 June 2026
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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, 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/
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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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenant Ordered to Pay Arrears and Vacate Property
- Tenancy Tribunal Tenant's Tenancy Terminated for Abandonment and Arrears
- Tenancy Tribunal Tenancy Terminated for Tenant’s Abandonment and Rent Arrears
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Rent and Arrears
- Tenancy Tribunal Tenant's Tenancy Terminated for Rent Arrears
- Tenancy Tribunal Tenant’s Abandoned Property Can Be Disposed Of By Landlord, Says Tenancy Tr…
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Current Rent
- Tenancy Tribunal Tenant Ordered to Pay $1,160.41 in Rent Arrears and Cleaning Costs
- Tenancy Tribunal Tribunal Denies Landlord’s Expedited Abandonment Request Due to Lack of Evi…
- Tenancy Tribunal Tribunal Denies Landlord’s Expedited Abandonment Request
- Tenancy Tribunal Landlord’s Claim for Rent Arrears Dismissed by Tenancy Tribunal
- Tenancy Tribunal Tenant’s Late Rehearing Application Denied by Tenancy Tribunal
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- A tenant must comply with payment terms set by the Tenancy Tribunal to avoid immediate eviction.
- A landlord is entitled to terminate a tenancy immediately if the rent is more than 21 days in arrears.
- A tenant's failure to respond to a landlord's inquiries about possession, coupled with rent arrears, constitutes abandonment under the Residential Tenancies Act.
- A tenant must return premises in a reasonably clean and tidy state at the end of tenancy, as per section 40(1)(c) of the Residential Tenancies Act 1986.
❌ Tends to be rejected
- A landlord seeking expedited abandonment must provide robust documentary evidence to substantiate the claim under section 91AA RTA.
- A landlord cannot use the expedited process if there are indications that the tenancy has ended by notice rather than abandonment without reasonable excuse.
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 $4,109.14 for rent arrears and cleaning costs.
Who was involved?
A landlord and a tenant were involved in the dispute over rent and property condition at the end of tenancy.
How did the court decide, and why?
The tribunal decided that tenants must leave their rental property reasonably clean and tidy as per the Residential Tenancies Act 1986.
Which laws or rules were applied?
Section 40(1)(c) of the Residential Tenancies Act was used to determine cleaning obligations at tenancy end.
What was the argument that mattered most?
The claimant's evidence showed the property condition and rent arrears, leading to a successful recovery order.
Was the decision for or against the person who brought the case?
The decision was in favour of the landlord.
What does this mean for someone in a similar situation?
Tenants should ensure they leave properties clean and tidy, as landlords can recover costs if not met.
What evidence or documents mattered?
Rent records and photos showing property condition at tenancy end were crucial.
Can a decision like this be appealed?
Yes, either party may appeal within 10 working days to the District Court.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer for specific guidance.