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AllowedTenancy Tribunal·

Tenant Ordered to Pay Rent Arrears and Cleaning Fees

Case No.

📌 In brief

The Tenancy Tribunal ordered the tenant to pay $888.55 to the landlord, including rent arrears and cleaning fees, because the tenant left the premises unclean and did not return the keys.

⚖️ Legal holding

A tenant must leave the premises reasonably clean and tidy upon termination of the tenancy.

Topics

rent arrearscleaning fees

Provisions

📖 What the law says

Residential Tenancies Act 1986 s.40

This section outlines what a tenant must do. It states that a tenant must pay rent on time, use the property mainly for living, keep it reasonably clean and tidy, and tell the landlord about any damage or repairs needed. When moving out, the tenant must leave the property, take all their belongings, leave it reasonably clean and tidy, and 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 cleaning fees.

📜 Headnote Official document

The Tenancy Tribunal ordered the tenant to pay $888.55 to the landlord, including rent arrears and cleaning fees, due to leaving the premises unclean and failing to return keys.

📚 Full judgment Official document

__________________________________________________________________________________ 5155086 1

[2025] NZTT 5155086

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER1

1. [NAME] must pay [COMPANY] $888.55 immediately, calculated as shown in table below.

2. [COMPANY] is to pay the bond of $2,160.00 (5204153-003) to [COMPANY] immediately.

Description Landlord Tenant Rent arrears as at 3.4.25 $1,240.00 Cleaning $1,269.80 Filing fee reimbursement $27.00 Lock/key replacement $511.75 Total award $3,048.55 Bond $2,160.00 Total payable by Tenant to Landlord $888.55

1 This order replaces the tribunal’s prior order dated 8 April 2025

__________________________________________________________________________________ 5155086 2

Reasons:

1. Only the landlord attended the hearing.

2. The landlord has applied for rent arrears and has provided rent records which prove the amount owing as ordered above

Did the tenant comply with their obligations at the end of the tenancy?

3. 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.

4. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The photographs produced show rubbish left everywhere. The contract who did the full clean up charged well less than other quoted contracted. Skip bins had to be ordered. The amount charged seems very fair for the work that was done.

5. The tenant did not return the keys and new locks for the ranch sliders have to be obtained.

6. The amounts ordered are proved.

7. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.

[NAME]

09 June 2025

__________________________________________________________________________________ 5155086 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/

__________________________________________________________________________________ 5155086 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 tenant did not leave the premises clean and tidy, leaving significant rubbish behind.
  • The tenant did not return the keys to the property.
  • The landlord provided rent records proving the amount of rent arrears.
  • The landlord had to hire a cleaner due to the untidy state left by the tenant.
  • The cost for cleaning and replacing locks was deemed reasonable by the tribunal.

❌ Tends to be rejected

  • The tenant did not provide any counter-evidence or attend the hearing to defend themselves.
  • The tenant did not return the property in a condition that met the legal requirements.
  • The tenant did not dispute the charges for cleaning and lock replacement.
  • The tenant did not prove that the charges for cleaning and lock replacement were unreasonable.
  • The tenant did not return all keys and security devices as required by law.

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 $888.55 to the landlord, including rent arrears and cleaning fees.

What was the dispute about?

The dispute was about the tenant leaving the premises unclean and not returning the keys.

How did the court decide, and why?

The court decided that the tenant must pay the landlord for rent arrears and cleaning fees because the tenant failed to meet their obligations at the end of the tenancy.

Which laws or rules were applied?

The Residential Tenancies Act 1986, s 40(1)(e)(ii)-(v) was applied.

What was the argument that mattered most?

The argument that mattered most was that the tenant did not leave the premises reasonably clean and tidy, and did not return all keys and security devices.

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 they leave the premises clean and return all keys and security devices to avoid having to pay additional fees.

What evidence or documents mattered?

Photographs showing the state of the premises and the charges for cleaning and key replacement were important evidence.

Official source: Tenancy Tribunal headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Tenancy Tribunal and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.
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