Tenant Ordered to Pay Rent Arrears and Cleaning Fees
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, and a cleaning fee after the tenant left the premises early without giving proper notice or getting the landlord's permission to end the tenancy early.
⚖️ Legal holding
A tenant remains liable for rent and other obligations until the premises are re-let unless the landlord agrees to an early termination.
📖 What the law says
This rule allows a tenant in a fixed-term tenancy to ask the Tenancy Tribunal to shorten their tenancy. The Tribunal can do this if an unexpected change in the tenant's situation would cause them more severe hardship by staying than the landlord would suffer if the tenancy was shortened.
This rule outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean, and notifying the landlord of damage or needed repairs. When moving out, the tenant must leave the premises reasonably clean and tidy, remove all their belongings and rubbish, and return the property.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears, water rates, and a cleaning fee.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, and a cleaning fee after the tenant vacated the premises early without providing proper notice or obtaining the landlord's consent to terminate the tenancy before the expiry date.
📚 Full judgment Official document
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[2025] NZTT 5203612
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] to pay [COMPANY] As Agent for [NAME] $313.05 immediately, calculated as shown in the table below.
Description Landlord Tenant Rent arrears to 05/04/2025 $2,592.57 Cleaning $450.00 Water rates $35.48 Filing fee reimbursement $27.00 Total award $3105.05 Bond $2,792.00 Tenant to pay the landlord $313.05
2. The Bond Centre is to pay the bond of $2,792.00 (3889241-006) immediately to [COMPANY] As Agent for [NAME].
3. This order amends and replaces the Tribunal Order dated 9 June 2025 to correct an error in the costs table and in the body of the decision regarding the landlord’s claim for rent arears.
Reasons:
1. The landlord attended the hearing which was held by teleconference on 5 June 2025. The Tribunal was unable to contact the tenant on the contact number
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provided. I was satisfied that adequate service of the hearing notice had been completed and proceeded with the hearing in the tenant’s absence.
2. The landlord has applied for rent arrears, water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent and water rates?
3. This tenancy was a fixed-term agreement due to run until August 2025. However, the tenant vacated the premises early without providing the required notice or obtaining the landlord’s consent to terminate the tenancy before the expiry date.
4. Under section 66 of the Residential Tenancies Act 1986 (“RTA”), a tenant under a fixed-term tenancy remains liable for rent and other obligations under the tenancy agreement until the expiry of the term or until the premises are re-let, unless the landlord agrees to an early termination. In this case, the landlord took reasonable steps to mitigate any potential loss by actively seeking a replacement tenant. A new tenant was secured and commenced the tenancy on 5 April 2025.
5. The landlord has claimed rent arrears up to that date, totalling $2,592.57. This is consistent with the tenant’s ongoing liability until the premises were re-let. I am satisfied on the balance of probabilities that the landlord’s claim is supported by evidence and that the amount claimed is reasonable. Accordingly, the landlord’s claim for rent arrears in the sum of $2,592.57 is proved.
6. The landlord also provided a water rates invoices which proves the amount owing at the end of the tenancy. A tenant is responsible for water charges incurred during the tenancy on the basis of consumption (see section 39(4)(c) RTA).
Did the tenant comply with their obligations at the end of the tenancy?
7. 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) RTA.
8. The landlord claimed $450.00 for cleaning and relied on an invoice, ingoing property condition report and photographs of the condition of the property at the end of the tenancy.
9. On the evidence, the landlord proved the tenant did not leave the premises reasonably clean and tidy.
10. The amounts ordered is proved.
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11. As the landlord has wholly succeeded with the claim, I must order the tenant to reimburse the filing fee.
J Setefano
09 June 2025 09 June 2025 (amended order)
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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 tenant did not leave the premises reasonably clean and tidy, supporting the cleaning fee claim.
- The landlord provided water rates invoices which proved the amount owing at the end of the tenancy.
- The landlord took reasonable steps to find a new tenant, mitigating potential loss from early vacancy.
- The landlord's claim for rent arrears was supported by evidence and found to be reasonable.
- The tenant remained liable for rent until a new tenant was secured on April 5, 2025, as the fixed-term tenancy was ended early without consent.
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 rent arrears, water rates, and a cleaning fee.
What was the dispute about?
The dispute was about the tenant leaving the premises early without providing proper notice or obtaining the landlord's consent to terminate the tenancy early.
How did the court decide, and why?
The court decided that the tenant remained liable for rent and other obligations until the premises were re-let because the landlord took reasonable steps to mitigate any potential loss by actively seeking a replacement tenant.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 66 and 40 were applied.
What was the argument that mattered most?
The most important argument was that the tenant failed to provide proper notice of termination and left the premises in an untidy state.
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 provide proper notice of termination and leave the premises in a clean and tidy state.
What evidence or documents mattered?
The evidence included rent arrears invoices, water rates invoices, an invoice for cleaning, an ingoing property condition report, and photographs of the condition of the property at the end of the tenancy.