Tenant ordered to pay rent arrears and cleaning costs
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $497.43 for rent arrears and cleaning costs after the landlord proved that the premises were left unreasonably dirty.
⚖️ Legal holding
A tenant must pay rent arrears and compensate the landlord for cleaning costs if the premises are left unreasonably dirty.
📖 What the law says
This section states that a tenant must pay rent when it is due and keep the rented property reasonably clean and tidy. It also requires the tenant, when moving out, to leave the property in a reasonably clean and tidy condition and remove all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate the landlord for cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $497.43 for rent arrears and cleaning costs after the landlord proved that the premises were left unreasonably dirty.
📚 Full judgment Official document
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[2025] NZTT 5178932
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room 4, [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For [NAME] $497.43 immediately, calculated as shown in table below.
Description Landlord Rent arrears (to 10/02/2025) $1,371.43 Cleaning $299.00 Filing fee reimbursement $27.00 Total award $1,697.43 Bond $1,200.00 Total payable by Tenant to Landlord $497.43
2. The Bond Centre is to pay the bond of $1,200.00 (6540121-001) to [COMPANY] As Agent For [NAME] immediately.
Reasons:
1. A representative of the landlord attended the hearing by video.
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2. The tenant did not attend the hearing. A call to his mobile number during the hearing went straight to voicemail. I am satisfied that the tenant was served with the Notice of Hearing and that it was appropriate to proceed with the hearing.
3. 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?
4. The tenancy ended on 10 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
5. 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.
6. The tenant did not leave the premises reasonably clean and tidy. The landlord has had to clean the room and have it deodorised to try to remove the smell of cigarette smoking. The landlord provided evidence including invoice and photographs to prove its claims. The amounts ordered are proved.
7. As the landlord was the successful party, I have awarded reimbursement of the Tribunal application fee.
[NAME]
19 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 tenant owes $497.43 immediately, which includes rent arrears and cleaning costs.
- The landlord provided rent records proving the amount of rent arrears.
- The landlord had to clean the room and deodorize it due to cigarette smoke smell, incurring cleaning costs.
- The tenant did not attend the hearing, and the court proceeded based on the evidence presented.
❌ Tends to be rejected
- The tenant did not provide any defense or evidence to dispute the landlord's claims.
- The tenant did not leave the premises reasonably clean and tidy as required by law.
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 $497.43 for rent arrears and cleaning costs.
What was the dispute about?
The dispute was about unpaid rent and the condition of the premises after the tenancy ended.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for rent arrears and cleaning costs because the premises were left unreasonably dirty.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 40(1)(e) was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant failed to leave the premises reasonably clean and tidy.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that the premises are left reasonably clean and tidy to avoid having to pay rent arrears and cleaning costs.
What evidence or documents mattered?
The evidence included rent records, invoices, and photographs showing the condition of the premises.