Tenant Ordered to Pay Rent Arrears and Cleaning Costs
📌 In brief
The Tenancy Tribunal ruled that tenants must pay $737.71, which includes rent arrears and part of the carpet cleaning costs, because they did not leave the rental property clean and tidy.
⚖️ Legal holding
A tenant is required to leave 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 property reasonably clean and tidy, and notifying the landlord of any damage or needed repairs. When a tenancy ends, the tenant must leave the premises 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 tenants to pay rent arrears and a portion of carpet cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenants to pay $737.71, including rent arrears and a portion of carpet cleaning costs, due to the premises not being left reasonably clean and tidy.
📚 Full judgment Official document
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[2025] NZTT 5040108
TENANCY TRIBUNAL - Rotorua | Te Rotorua-nui-a-kahumatamomoe
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenants
TENANCY ADDRESS: [ADDRESS], Okere Falls, RD 4, Rotorua 3074
ORDER
1. [NAME] and [NAME] to pay [COMPANY] $737.71 immediately, calculated as follows:
Description Landlord Rent arrears following mediation $535.71 Professional carpet clean $175.00 Application filing fee $27.00 Total award $737.71
Reasons:
1. Both parties attended the hearing.
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 28 October 2024. The Landlord provided rent records which prove the amount owing at the end of the tenancy. The vacate date was 28th of October 2024.
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4. The Landlord states, there is only $535.71 in arrears owed as when they went through mediation they were awarded the bond of $3,000.00. The arrears were $3535.71 at that time, hence why we had to go to tribunal to claim the remaining $535.71.
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 carpets reasonably clean and tidy. Following discussion, the parties agreed to share in the cost of the carpet cleaning.
7. The Landlord has succeeded in its claim, and I award them the filing fee.
Addendum
8. Arrears amended to reflect settlement and release of bond following Mediation.
[NAME]
13 February 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 landlord's claim for rent arrears was adjusted to reflect the bond release from mediation.
- The tenants did not leave the carpets reasonably clean and tidy when they moved out.
- The parties agreed to share the cost of professional carpet cleaning.
- The landlord was awarded the application filing fee because their claim succeeded.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenants were ordered to pay $737.71, including rent arrears and part of the carpet cleaning costs.
What was the dispute about?
The dispute was about the tenants leaving the rental property unclean and owing rent arrears.
How did the court decide, and why?
The court decided that the tenants must pay the specified amount because they failed to leave the premises clean and tidy as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 40(1)(e)(ii)-(v), was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenants did not leave the premises reasonably clean and tidy upon termination of the tenancy.
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 the rental property is left clean and tidy to avoid owing additional cleaning costs.
What evidence or documents mattered?
The evidence included rent records and the condition of the carpets at the end of the tenancy.