Tenant Ordered to Pay Rent Arrears and Cleaning Costs
📌 In brief
The Tenancy Tribunal ruled that tenants must pay rent arrears and compensate the landlord for cleaning and rubbish removal costs after they abandoned the rental property early during a fixed-term tenancy.
⚖️ Legal holding
A tenant remains liable for rent until the expiry of the fixed term or until new tenants commence residing at the premises, whichever is earlier.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean, and leaving it tidy with all rubbish removed when moving out.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenants to pay rent arrears and compensate the landlord for cleaning and rubbish removal costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenants to pay rent arrears and compensate the landlord for cleaning and rubbish removal costs after the tenants abandoned the premises early during a fixed-term tenancy.
📚 Full judgment Official document
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[2025] NZTT 5183383
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENTS: [redacted]
Tenants
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] $766.80 immediately, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $2,480.00 (5978623-006) to [COMPANY] immediately.
Description Landlord Tenant Rent arrears as at 31 January 2025 $2,480.00 Cleaning and rubbish removal $739.80 Filing fee reimbursement $27.00 Total award $3,246.80 Bond $2,480.00 Total payable by Tenant to Landlord $766.80
Reasons:
1. This application was scheduled to be heard by video conference. The tenants did not link to the Teams Link provided to them and nor did they answer the phone when called. The hearing proceeded in their absence.
2. The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.
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How much is owed for rent?
3. This was a fixed term tenancy due to end on 19 April 2025. The tenants abandoned the premises in early January 2025.
4. When there is a fixed term tenancy and the tenants vacate prior to the expiry of the fixed term, the tenants remain liable for rent until the expiry of the fixed term or until the date that new tenants commence residing at the premises, whichever is the earlier.
5. I accept the landlord’s evidence that a new tenancy started on 1 February 2025 and so the tenants are required to pay rent to 31 January 2025.
6. The rent record shows that as at 31 January 2025 $2,480.00 is owing in rent arrears. This includes the last payment of rent of $1,240.00 on 20 December 2024.
Did the tenant comply with their obligations at the end of the tenancy?
7. 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.
8. The photographs show that the tenants did not leave the premises reasonably clean and that there was a lot of rubbish left behind.
9. The cost of remedying this is proven with an invoice.
Filing fee reimbursement
10. The landlord was wholly successful in the claim against the tenants and so the tenants are required to reimburse them the filing fee.
C ter Haar
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 tenants remained liable for rent until the expiry of the fixed term.
- The landlord provided evidence showing the new tenancy started after the tenants abandoned the premises.
- The photographs submitted by the landlord showed the premises were not left reasonably clean and tidy.
- The invoice proved the cost of remedying the state of the premises after the tenants abandoned it.
❌ Tends to be rejected
- The tenants did not provide any evidence or explanation for leaving the premises in an untidy condition.
- The tenants did not attend the hearing and thus could not refute the landlord's claims.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenants to pay rent arrears and compensate the landlord for cleaning and rubbish removal costs.
What was the dispute about?
The dispute was about whether the tenants owed rent arrears and were responsible for cleaning and removing rubbish after abandoning the rental property early.
How did the court decide, and why?
The court decided that the tenants were liable for rent until the end of the fixed term and had to pay for cleaning and rubbish removal because they abandoned the premises early.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 54 were applied.
What was the argument that mattered most?
The most important argument was that the tenants remained liable for rent until the end of the fixed term or until new tenants moved in, whichever was earlier.
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 fulfill their obligations at the end of a tenancy and pay rent until the end of the fixed term or until new tenants move in.
What evidence or documents mattered?
The evidence included rent records, invoices for cleaning and rubbish removal, and photographs showing the state of the premises upon abandonment.