Tenant Ordered to Pay Rent Arrears and Cleaning Costs
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $10,271.87 for rent arrears and various charges, including water rates and cleaning costs, because the tenant left the property in poor condition at the end of the tenancy.
⚖️ Legal holding
A tenant must pay rent arrears and compensate the landlord for damages and cleaning costs.
📖 What the law says
This section states that a tenant must pay rent on time as agreed in their tenancy agreement. It also requires the tenant to keep the rented property reasonably clean and tidy during the tenancy.
This rule also specifies that when a tenancy ends, the tenant must move out, take all their belongings, and leave the property in a reasonably clean and tidy state, including removing 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 other charges.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and other charges to the landlord, including water rates and cleaning costs, after the tenant failed to leave the premises reasonably clean and tidy.
📚 Full judgment Official document
__________________________________________________________________________________ 5153874 1
[2025] NZTT 5153874
TENANCY TRIBUNAL AT TAURANGA | TE TARAIPIUNARA RETIHANGA KI TAURANGA MOANA
APPLICANT: [redacted] As [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] T/A [NAME] As [COMPANY] $10,271.87 immediately, calculated as shown in table below.
2. This order incorporates the Tribunal order made on 9 December 2024 under application 5079036.
3. The [COMPANY] is to pay the bond of $2,640.00 (5126493-008) to [COMPANY] T/A [NAME] As [COMPANY] immediately.
Description Landlord Tenant Rent arrears to 10 January 2025 $11,560.00 Previous order application filing fee $27.00 Water rates $434.20 Cleaning $255.00 Carpet cleaning $240.00 Garden work and rubbish removal $335.17 Light bulbs $33.50 Filing fee reimbursement $27.00 Total award $12,911.87 Bond $2,640.00 Total payable by Tenant to Landlord $10,271.87
__________________________________________________________________________________ 5153874 2
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for rent arrears, water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent and water rates?
3. The tenancy ended on 10 January 2025 when the tenant was evicted. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
4. 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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace light bulbs.
5. The tenant did not leave the premises reasonably clean and tidy including gardens, and did not remove all rubbish.
6. The landlord had to replace light bulbs.
7. The amounts ordered are proved.
8. On 9 December 2024 the Tribunal made an order relating to this tenancy, for a conditional termination. The previous order is incorporated into this order for enforcement purposes. I am unable to make any award for the eviction warrant as this is a matter between the landlord and the Ministry of Justice Collection Team.
9. As the landlord has wholly succeeded with the claim, the tenant must reimburse the filing fee.
[NAME]
07 May 2025
__________________________________________________________________________________ 5153874 3
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. 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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant owes $11,560.00 in rent arrears as proven by the landlord's rent records.
- The tenant must pay $12,911.87 in total, including rent arrears, water rates, and cleaning costs.
- The landlord provided invoices for water rates, proving the amount owed by the tenant.
- The tenant did not leave the premises clean and tidy, requiring the landlord to incur cleaning costs.
❌ Tends to be rejected
- The tenant's failure to provide evidence showing they left the premises clean and tidy was not addressed.
- The tenant's obligation to replace light bulbs was not contested but not argued successfully.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay the landlord $10,271.87 for rent arrears and various charges.
What was the dispute about?
The dispute was about unpaid rent and the state of the property at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the landlord because the tenant left the property in poor condition and did not pay the rent.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 40(1)(ca) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant did not leave the property reasonably clean and tidy at the end of the tenancy.
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 they leave the property in good condition and pay all rent arrears to avoid such penalties.
What evidence or documents mattered?
Rent records and water rates invoices were provided as evidence.