Tenant ordered to pay rent arrears and cleaning costs
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, and cleaning/repair costs after finding that the premises were left in an unclean and untidy state, with overgrown lawns and left-over rubbish.
⚖️ Legal holding
A tenant is liable for rent arrears, water rates, and damages beyond fair wear and tear.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean and tidy, and leaving it in a similar condition with all rubbish removed when moving out. In this case, the tenant was found liable for rent arrears and for leaving the premises unclean and untidy with overgrown lawns and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears, water rates, and cleaning/repair costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, and cleaning/repair costs after finding that the premises were left in an unclean and untidy state, with overgrown lawns and left-over rubbish.
📚 Full judgment Official document
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[2025] NZTT 5095349
TENANCY TRIBUNAL AT WHANGAREI | TE TARAIPIUNARA RETIHANGA KI WHANGĀREI-TERENGA-PARĀOA
APPLICANT: [redacted] [NAME])
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] (as agent for [NAME]) $4,961.65 immediately, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $2,320.00 (6399372-003) to [COMPANY] (as agent for [NAME]) immediately.
Description Landlord Tenant Rent arrears to 9 December 2024 $3,999.29 Water rates $827.59 Carpet Cleaning $200.00 Cleaning: lawns, rubbish removal, replacement of minor chattels (labour)
$1,287.50
Cleaning: and minor chattels (materials) $230.30 Lock/key replacement $312.80 Plumber $172.50 Window repairs $224.67 Filing fee reimbursement $27.00 Total award $7,281.65 Bond $2,320.00 Total payable by Tenant to Landlord $4,961.65
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Reasons:
Background
1. The tenancy ended on 9 December 2024.
2. The landlord’s application seeks rent arrears, water rates, cleaning, and repair costs.
3. The hearing took place at the [ADDRESS] on 9 April 2025. [NAME] ([NAME]) and [NAME] attended the hearing. There was no appearance by [NAME]. I am satisfied that notice of the hearing had been served on [NAME] in accordance with the requirements of the Residential Tenancies Act 1986, and the hearing proceeded in [NAME]’ absence.
Rent and water
4. The landlord’s rent record establishes rent arrears of $3,999.29 to the end of the tenancy.
5. Water rates are owed for the last WDC invoice, and water use from the end of that invoice period to the end of the tenancy, based on the final meter reading. The amount of water rates owed is proven.
Cleaning, rubbish, lawns, change of locks
6. Tenants must leave the premises reasonably clean and tidy and remove all rubbish at the end of the tenancy.1
7. [NAME] provided a copy of the final inspection report.
8. The premises were left in a very unclean and untidy state. The lawns were overgrown. There was rubbish left behind.
9. The owners carried out interior cleaning, lawnmowing and rubbish removal. The claim seeks compensation for their time and out of pocket costs (cleaning products, etc).
10. This part of the claim also includes replacement of minor chattels such as curtains and shower curtains (some were missing at the end of the tenancy).
11. The claim seeks compensation for 38 hours of labour at $25/hr. Although the hours claimed are perhaps on the high side having regard to [NAME]’s photographs, the hourly rate claimed is low, and on balance I am satisfied that the cost claimed is a fair reflection of returning the premises to a reasonably clean and tidy condition.
1 Section 40(1)(e)(iii) Residential Tenancies Act 1986 (“RTA”)
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12. The keys were not returned at the end of the tenancy. The cost of changing the locks is proven.
Repairs and replacement of chattels
13. Tenants are liable for damage beyond fair wear and tear that occurs during the tenancy. Tenants are liable for damage caused by themselves or by anyone who is at the premises with their consent.
14. There was a broken window in the kitchen during the tenancy. The damage is not fair wear and tear. The cost of re-glazing is proven.
15. The oven tray and racks were missing at the end of the tenancy. [NAME] provided a photograph from the entry inspection showing that the tray and racks were present at that time. The cost of replacement is proven.
16. The toilet was blocked and overflowing at the final inspection. The landlord engaged a plumber, who cleared the blockage and confirmed that there was no fault in the septic system. The tenant is liable for the cost of the plumbing work.
Filing fee, bond
17. The landlord has been successful in this application and I must also award the landlord the filing fee.
18. The proven claim exceeds the amount of the bond. The bond will be released to the landlord.
[NAME]
10 April 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 $3,999.29 for rent arrears as proven by the landlord's rent record.
- The tenant owes $827.59 for water rates based on the final meter reading.
- The tenant owes $1,287.50 for labor costs related to cleaning and removing rubbish.
- The tenant owes $172.50 for the plumber's services to clear the blocked toilet.
- The tenant owes $312.80 for the cost of replacing locks due to lost keys.
❌ Tends to be rejected
- The tenant argued that the cleaning costs were too high, but the adjudicator found the hourly rate to be low and reasonable.
- The tenant claimed the oven tray and racks were not theirs to replace, but the adjudicator proved they were present at the start of the tenancy.
- The tenant disputed the need for window repairs, but the adjudicator found the damage was not due to fair wear and tear.
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 tenant to pay rent arrears, water rates, and cleaning/repair costs.
What was the dispute about?
The dispute was about the tenant's responsibility for rent arrears, water rates, and the cost of cleaning and repairing the premises.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for rent arrears, water rates, and cleaning/repair costs because the premises were left in an unclean and untidy state with overgrown lawns and left-over rubbish.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(iii) and 54 were applied.
What was the argument that mattered most?
The argument that mattered most was that the premises were left in an unclean and untidy state with overgrown lawns and left-over rubbish, which required significant cleaning and repair work.
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 that they leave the premises in a reasonably clean and tidy state to avoid having to pay for cleaning and repair costs.
What evidence or documents mattered?
Evidence included the final inspection report, photographs, and invoices for rent and water rates.