Tenant Ordered to Pay Rent Arrears and Cleaning Costs
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and cleaning costs after the tenant failed to leave the premises in a reasonable state upon termination of the tenancy. The Tribunal considered the condition of the property at the start and end of the tenancy.
⚖️ Legal holding
A tenant is responsible for leaving the premises reasonably clean and tidy upon termination of the tenancy.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the premises reasonably clean and tidy, and notifying the landlord of any damage or repair needs. When a tenancy ends, the tenant must leave the property in a reasonably clean and tidy condition and remove all their belongings and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and cleaning costs after the tenant failed to leave the premises reasonably clean and tidy upon termination of the tenancy. The Tribunal considered the condition of the property at the commencement and termination of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5121148
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] Agents For [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] As Agents For [NAME] $11,924.34 immediately, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $2,900.00 (3597945-009) to [COMPANY] As Agents For [NAME] immediately.
Description Landlord Tenant Rent arrears $12,629.29 Cleaning $1,400.00 Carpet Cleaning $312.50 Rubbish removal: and lawns and gardens $482.55 Total award $14,824.34 Bond $2,900.00 Total payable by Tenant to Landlord $11,924.34
Reasons:
1. The landlord attended this video hearing.
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2. The tenants did not attend the hearing by Teams video link. Telephone calls were made to the tenants on the numbers provided at the allocated hearing time. The calls respectively went to voicemail or were not responded to. The Tribunal may hear matters in the absence of a party we're satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing has been given.
3. The landlord has applied for rent arrears, compensation and refund of the bond.
4. This is a fixed term tenancy due to end on 27 May 2025. The tenants have applied for an early release from the fixed term tenancy. The tenants completed an application for the early release. The landlord agreed to the early release, subject to the tenants remaining liable for rent until such time as new tenants could be found. Despite the landlords best efforts, which has included a reduction in the rental, the landlord has not been able to find replacement tenants and these tenants remain liable for outstanding rent arrears.
How much is owed for rent ?
5. The landlord provided rent records which prove the amount owing on the date of the hearing was $12,629.29.
Did the tenant comply with their obligations at the end of the tenancy?
6. At the end of the tenancy, the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
7. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
8. 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 property 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.
9. 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 clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
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10. The standard will vary according to the age and condition of the premises: the better the premises, the higher the standard. Surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly painted surfaces. Generally, tenants are not required to return premises any cleaner than they were at the start of the tenancy ([NAME] v [NAME], DC Otahuhu, TT 2539/93 and 2540/93, 4 November 1994).
11. Contractual provisions that require a tenant to have the premises professionally cleaned at the end of the tenancy are generally unenforceable (s 11 RTA). Commercial carpet cleaning will only be only required where this is necessary to return the carpet to a reasonably condition.
12. The landlord provided photos showing the condition of the property at the commencement of the tenancy and the condition after the tenants had left the premises. The photos show the property to be in very poor condition with rat droppings and mould present. The exterior of the property shows that no gardening has been carried out. Rubbish removal was also required. The landlord's claim for cleaning was for $1,712.32. The landlord said that the cleaning was carried out to the standard where the premises could be relet to new tenants. This is not the standard required of a tenant. A tenant is required to leave the premises reasonably clean and tidy only. I have reduced the landlord’s claim for cleaning to $1,400.00 to take this into account.
13. The photos show the carpet in a very poor condition and the carpet cleaning charge is reasonable. Cleaning of the carpets was required to bring the premises back to a reasonably clean and tidy standard.
14. The charge for gardening and rubbish removal which included tip fees is also reasonable.
15. The tenant did not return the keys. The claim for lock replacement is proven.
16. The amounts ordered are proved.
[NAME]
31 March 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 landlord provided proof of the rent arrears amount.
- Photos showed the property was left in very poor condition with rat droppings and mold.
- The landlord's claim for cleaning was reduced to $1,400.00 to reflect the reasonable standard.
- The tenant did not return the keys, proving the claim for lock replacement.
❌ Tends to be rejected
- The tenant's failure to attend the hearing and provide evidence in their defense.
- 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 Tenancy Tribunal ordered the tenant to pay rent arrears and cleaning costs.
What was the dispute about?
The dispute was about whether the tenant was responsible for leaving the premises reasonably clean and tidy upon termination of the tenancy.
How did the court decide, and why?
The court decided that the tenant was responsible for leaving the premises reasonably clean and tidy, based on the condition of the property at the end of the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, s 40(1)(e) was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was required 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 who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that they must ensure the premises are left reasonably clean and tidy upon termination of the tenancy.
What evidence or documents mattered?
Photos showing the condition of the property at the commencement and termination of the tenancy mattered.