Tenant Ordered to Pay Rent Arrears and Cleaning Costs
📌 In brief
The Tenancy Tribunal granted the landlord possession of the premises and ordered the tenant to pay rent arrears and cleaning costs. The tenant did not attend the hearing and had not left the premises clean and tidy.
⚖️ Legal holding
A tenant must pay rent arrears and cleaning costs when they fail to comply with their obligations at the end of the tenancy.
📖 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 reasonably clean and tidy condition with all rubbish removed when the tenancy ends.
This section states that if a tenancy has ended, the Tenancy Tribunal must make an order giving possession of the property to the person who is entitled to it, as long as the application is made within three months of the tenancy ending.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal granted possession of the premises to the landlord and ordered the tenant to pay rent arrears and cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal granted possession of the premises to the landlord and ordered the tenant to pay rent arrears and cleaning costs. The tenant did not attend the hearing and had not complied with their obligations at the end of the tenancy, including leaving the premises reasonably clean and tidy.
📚 Full judgment Official document
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[2025] NZTT 5126308
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [COMPANY] - as agent for the [COMPANY] is granted possession of the premises at [ADDRESS], [POSTCODE] immediately.
2. [NAME] must pay [COMPANY] - as agent for the [COMPANY] $2,779.35 immediately, as calculated in the table below:
Description Landlord Tenant Rent arrears to 5 February 2025 $5,413.35 Filing fee reimbursement $27.00 Cleaning $299.00 Total award $5,739.35 Bond $2,960.00 Total payable by Tenant to Landlord $2,779.35
3. The Bond Centre is to pay the bond of $2,960.00 (5294446-017) to [COMPANY] - as agent for the [COMPANY] immediately.
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Reasons:
1. The landlord attended the hearing. The tenant did not attend and did not respond when telephoned on the number ending in 749.
2. The landlord has applied for possession of the premises following the end of the tenancy, together with rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
3. The tenancy ended on 5 February 2025 when the tenant dropped the keys to the landlord and advised that she was unable to continue to live at the property. This is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
How much is owed for rent?
4. The landlord provided rent records which prove the amount owing of $5,413.35 at the end of the tenancy, being 5 February 2025.
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 claims for cleaning costs of $299.00 and has provided an invoice as evidence of the cleaning required and claimed amount.
7. The amount ordered is proved.
8. [COMPANY] - as agent for the [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
R Harvey-Lane 10 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 proved the amount of rent owing at the end of the tenancy with rent records.
- The tenant did not leave the premises reasonably clean and tidy as required by law.
- The landlord provided an invoice as evidence for the cleaning costs claimed.
- The landlord was reimbursed the filing fee because they wholly succeeded with their claim.
- The tenancy ended when the tenant returned the keys and stated she could not continue living there.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal granted the landlord possession of the premises and ordered the tenant to pay rent arrears and cleaning costs.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and to leave the premises clean and tidy at the end of the tenancy.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not attend the hearing and had not complied with their obligations at the end of the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40 and 64 were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had not complied with their obligations at the end of the tenancy, including paying rent arrears and leaving the premises 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?
Someone in a similar situation should ensure they comply with their obligations at the end of the tenancy, including paying rent arrears and leaving the premises clean and tidy.
What evidence or documents mattered?
The evidence included rent records and an invoice for cleaning costs.