Tenant Ordered to Pay Rent Arrears and Cleaning Fee
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $471.29, including rent arrears and a cleaning fee, after the tenant failed to maintain the premises in a reasonably clean and tidy state upon termination of the tenancy.
⚖️ Legal holding
A tenant must pay rent arrears and a cleaning fee if the premises were left in an untidy state.
📖 What the law says
This rule states that a tenant must pay rent when it is due and keep the rented property reasonably clean and tidy. It also requires the tenant, when moving out, to leave the property in a reasonably clean and tidy condition and remove all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and a cleaning fee.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $471.29, including rent arrears and a cleaning fee, after the tenant failed to maintain the premises in a reasonably clean and tidy state upon termination of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5154397
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $471.29 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 8 January 2025 $1,864.29 Cleaning $180.00 Filing fee reimbursement $27.00 Total award $2,071.29 Bond $1,600.00 Total payable by Tenant to Landlord $471.29
Reasons:
1. The landlord attended the hearing. The tenant was notified and sent reminders. He did not answer the calls to his phone.
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 8 January 2025 after the tenant gave notice to end the tenancy. The landlord provided rent records which prove the amount owing at the end of the tenancy.
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Did the tenant comply with his obligations at the end of the tenancy?
4. Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
5. 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.
6. 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 inspection reports and photographs.
7. This is the landlord’s claim to prove. I have seen the photos taken at the final inspection. I find some additional cleaning was necessary and I allow $180 for the additional cleaning to the kitchen, the fridge and dishwasher, the bathroom, and the sticky surfaces throughout the house.
Other orders
8. Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
9. A request has been sent to the Bond Centre.
[NAME]
13 May 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 did not return the premises in a reasonably clean and tidy state.
- The landlord provided proof through photos showing the need for additional cleaning.
- The landlord's claim for rent arrears was supported by provided rent records.
❌ Tends to be rejected
- The tenant's subjective opinion that the cleanliness was acceptable was not considered.
- The tenant did not provide any evidence or counter-evidence to dispute the landlord's claims.
- The tenant did not attend the hearing and thus could not present their arguments in person.
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 the landlord $471.29, including rent arrears and a cleaning fee.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and to leave the premises in a reasonably clean and tidy state.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and a cleaning fee because the premises were left in an untidy state, as evidenced by inspection reports and photographs.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 40 was applied.
What was the argument that mattered most?
The argument that mattered most was that the premises were left in an untidy state, requiring additional 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 that the premises are left in a reasonably clean and tidy state when the tenancy ends.
What evidence or documents mattered?
Inspection reports and photographs of the premises were used as evidence.