Tenant Ordered to Pay Rent Arrears and Cleaning Costs

OUTCOME: Allowed

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[2026] NZTT 5430001

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted] [NAME] & [NAME]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [RESPONDENT] must pay [COMPANY] As Agents For [NAME] [NAME] & [NAME] $1,927.50 immediately, calculated as shown in table below.

Description Landlord Tenant Rent arrears from 7 October to 22 December 2025 $2,100.00 Rubbish removal $349.50 Cleaning: includes stove $350.00 Filing fee reimbursement $28.00 Total award $2,827.50 Bond $900.00 Total payable by Tenant to Landlord $1,927.50

2. The other tenant is removed from the application.

3. All other claims are dismissed.

4. The [COMPANY] is to pay the bond of $900.00 (6162364-028) to [COMPANY] As Agents For [NAME] & [NAME] immediately.

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Reasons:

1. The landlord attended the hearing. I telephoned both tenants named on the application form and neither answered my calls.

2. There is a note on the file from Ms [RESPONDENT]’s [NAME] saying he left the tenancy premises a number of years ago and he no longer has any responsibility for the tenancy. The [NAME] manager confirmed that she was aware of the separation, and that Ms [RESPONDENT] had been the one living at the premises and solely responsible for paying rent. The current [NAME] manager was not aware of any paperwork to remove the [NAME] from the tenancy agreement. However, I find it would be unfair to include him in this order because of the length of time since he left and because everyone knew about it.

3. I note the bond is in the [NAME]’s name but find this can be refunded to the landlord. This is because it was paid as a safeguard for the landlord and should be refunded where the landlord establishes a breach.

4. 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?

5. The tenancy ended on 22 December 2025 after the tenant was served a 90 day notice. The landlord provided rent records which prove the amount owing from the date the new [NAME] manager took over to the end of the tenancy.

Did the tenant comply with her obligations at the end of the tenancy?

6. There is a claim for cleaning and rubbish removal. 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).

7. 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 [NAME] 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.

8. 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 average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably

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clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.

9. This is the landlord’s claim to prove. I was provided with good photos showing the rubbish and an invoice for the dump. This claim is proved in full.

10. I have carefully considered the photos and I have allowed an amount for the cleaning that seems reasonable to me. The owners have done the work and I am not sure what they have charged as an hourly rate for their labour. I have allowed 10 hours of cleaning at $30 an hour and the extra for the oven. This hourly rate is appropriate for the type of work done and is line with other decisions by the Tribunal.

11. The claimed GST is not allowed. The invoice is not from a business so there is no GST to pay.

Is the tenant responsible for the damage to the premises?

12. There is a claim for repairs. 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 she did not carelessly or intentionally cause or permit the damage. See sections 40(2)(a), 41 and 49B RTA.

13. I was provided with a [NAME] condition report from the start of the tenancy – attached to the tenancy agreement and completed and signed - but no photos showing the damage at the end of the tenancy. This means I cannot decide fair wear and tear. This claim is not proved and it is dismissed.

Other

14. Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

15. I have sent a request to the [COMPANY]. A copy of this order will be emailed to the [NAME] as well.

[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 [NAME] 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 [NAME] 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 [NAME].

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: