Tenant Ordered to Pay Rent Arrears and Cleaning Fee
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $3,215.24, which includes rent arrears and a reduced cleaning fee, after determining that the tenant left the premises unreasonably dirty.
⚖️ Legal holding
A tenant must pay rent arrears and a reasonable cleaning fee if the premises are left unreasonably dirty.
📖 What the law says
This section states that a tenant must pay rent when it is due according to their tenancy agreement. It also requires the tenant to leave the premises in a reasonably clean and tidy condition when the tenancy ends, and to remove all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and a reduced cleaning fee.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $3,215.24, including rent arrears and a reduced cleaning fee, after finding that the tenant left the premises unreasonably dirty.
📚 Full judgment Official document
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[2025] NZTT 5114975
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] As Agent For [NAME] $3,215.24 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears $2,688.24 Cleaning: (awarded but reduced) $500.00 Filing fee reimbursement $27.00 Total award $3,215.24 Total payable by Tenant to Landlord $3,215.24
Reasons:
1. Both parties attended the hearing via remote teleconference.
2. The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
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3. The tenancy ended on 6 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the landlord’s rent ledger I am satisfied that the tenant is responsible for this debt.
4. The claim for rent arrears is proven.
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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
6. The landlord claims that the tenants did not leave the premises reasonably clean and tidy. The only evidence provided at the time the application was lodged was an invoice from [NAME] dated 15 December 2024 for $1086.75.
7. The landlord provided late photographic evidence in support of this claim. This evidence had not been provided earlier and was received during the hearing. The evidence consisted of entry and exit inspection photographs. While the entry photographs are comprehensive, the exit photographs are not. They only show the kitchen, bathrooms and 4 photographs of a bedroom. The exit photographs do not support the amount claimed for cleaning. I accept the tenants did not leave the kitchen and bathroom reasonably clean and tidy however the amount claimed is simply unjustifiable based on this limited evidence.
8. Accordingly, I allow the claim but reduce the amount awarded to reflect the evidence provided. I reduce the amount awarded to $500.00.
9. The amount ordered is proved based on the limited evidence provided.
10. [COMPANY] As Agent For [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
[NAME]
13 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 tenant is responsible for rent arrears as proven by the landlord's rent records.
- The tenant did not leave the kitchen and bathroom reasonably clean and tidy, justifying a cleaning fee.
- The landlord provided photographic evidence showing the state of the premises at the end of the tenancy.
❌ Tends to be rejected
- The full amount claimed for cleaning ($1086.75) was not justified based on the limited evidence provided.
- The landlord's late submission of photographic evidence was considered but found insufficient to justify the full cleaning fee claimed.
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 $3,215.24, including rent arrears and a reduced cleaning fee.
What was the dispute about?
The dispute was about the amount of rent arrears and the cleaning fee the tenant owed after leaving the premises unreasonably dirty.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and a reduced cleaning fee because the evidence showed the premises were left unreasonably dirty.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 40(1)(ca) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant left the premises unreasonably dirty, which justified the cleaning fee, albeit reduced.
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 leave the premises reasonably clean and tidy to avoid having to pay a cleaning fee.
What evidence or documents mattered?
Photographic evidence of the condition of the premises upon departure mattered in this case.