Tenant Ordered to Pay Rent Arrears and Cleaning Costs
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $764.50 for rent arrears and cleaning costs because the tenant left the rental property unreasonably dirty.
⚖️ Legal holding
A tenant must pay rent arrears and compensate the landlord for cleaning costs if the premises are left unreasonably clean and tidy.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time and keeping the premises reasonably clean and tidy. It also requires tenants to leave the property in a reasonably clean and tidy condition and remove all rubbish when the tenancy ends.
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 $764.50 to the landlord, covering rent arrears and cleaning costs, after finding that the tenant failed to leave the premises reasonably clean and tidy.
📚 Full judgment Official document
__________________________________________________________________________________ 5103488 1
[2025] NZTT 5103488
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], The Pines Beach, The Pines Beach 7630
ORDER
1. [NAME] must pay [NAME] $764.50 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears $1,275.00 Carpet cleaning $90.00 Cleaning/rubbish removal/lawns $140.00 Rubbish removal: disposal $82.50 Filing fee reimbursement $27.00 Total award $1,614.50 Bond $850.00 Total payable by Tenant to Landlord $764.50
2. The Bond Centre is to pay the bond of $850.00 (6234493-004) to [NAME] immediately.
Reasons:
1. The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a
__________________________________________________________________________________ 5103488 2
second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
2. 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?
3. The tenancy ended on 27 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy, including rent in-lieu of notice, is as ordered.
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.
5. The landlord claimed the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish, and left the carpet such that a commercial cleaning was required.
6. In support of the claims the landlord provided invoices to establish the costs and photos to evidence the need. These confirm the claims as reasonable and they are awarded in full.
7. The amounts ordered are proved.
Filing fee
8. [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
M Brennan
25 March 2025
__________________________________________________________________________________ 5103488 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.
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/
__________________________________________________________________________________ 5103488 4
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 proved the amount of rent owed at the end of the tenancy, including rent in-lieu of notice.
- The landlord provided invoices to show the costs for cleaning, rubbish removal, and carpet cleaning.
- The landlord provided photos to show why cleaning, rubbish removal, and carpet cleaning were needed.
- The landlord fully succeeded with the claim for reimbursement of the filing fee.
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 the landlord $764.50 for rent arrears and cleaning costs.
What was the dispute about?
The dispute was about unpaid rent and the condition of the property 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 tenant left the property 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 left the property unreasonably dirty, requiring commercial cleaning.
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 the property is left clean and tidy to avoid having to pay cleaning costs.
What evidence or documents mattered?
The evidence included rent records, invoices for cleaning costs, and photos showing the state of the property.