VadeLab
AllowedTenancy Tribunal·

Tenant Ordered to Pay Rent Arrears and Cleaning Fees

Case No.

📌 In brief

The Tenancy Tribunal ordered the tenant to pay $1,932.85 to the landlord, including $1,477.00 in rent arrears and $455.85 in cleaning fees, as the tenant left the premises unclean and did not undertake any cleaning.

⚖️ Legal holding

A tenant must pay rent arrears and compensate the landlord for leaving the premises unclean.

Topics

rent arrearscleaning fees

Provisions

📖 What the law says

Residential Tenancies Act 1986 s.40

This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean, and leaving it in a reasonably clean and tidy condition when moving out, with all rubbish removed.

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 $1,932.85 to the landlord, including $1,477.00 in rent arrears and $455.85 in cleaning fees, as the tenant left the premises unclean and did not undertake any cleaning.

📚 Full judgment Official document

__________________________________________________________________________________ 5227075 1

[2025] NZTT 5227075

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] $1,932.85 immediately, calculated as shown in table below.

Description Landlord Tenant Rent arrears to 10 March 2025 $1,477.00 Cleaning $455.85 Total award $1,932.85 Total payable by Tenant to Landlord $1,932.85

Reasons:

1. Both parties attended the hearing which was held by teleconference.

2. The landlord has applied for rent arrears and compensation following the end of the tenancy.

3. The tenancy ended on 10 March 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,477.00 for rent arrears.

__________________________________________________________________________________ 5227075 2

4. 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.

5. The tenant left belongings and rubbish behind at the end of the tenancy which had to be disposed of by the landlord, and did not undertake any cleaning. The landlord produced photographs and a schedule of charges in support of the claim.

6. [NAME] accepted the rent arrears owed and accepted responsibility for the state the premises were left in. He stated that because of his personal circumstances he had been unable to pay the rent or clean the premises.

7. The amounts ordered are proved.

[NAME]

29 May 2025

__________________________________________________________________________________ 5227075 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/

__________________________________________________________________________________ 5227075 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 landlord proved the amount of rent owing at the end of the tenancy with rent records.
  • The tenant accepted that they owed rent arrears.
  • The tenant accepted responsibility for the unclean state of the premises.
  • The landlord provided photographs and a schedule of charges to support the claim for cleaning.
  • The tenant did not undertake any cleaning before leaving the premises.

❌ Tends to be rejected

  • The tenant's personal circumstances for not paying rent or cleaning the premises were not accepted as a reason to avoid payment.

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 $1,932.85 to the landlord, including $1,477.00 in rent arrears and $455.85 in cleaning fees.

What was the dispute about?

The dispute was about the tenant's failure to pay rent arrears and to clean the premises at the end of the tenancy.

How did the court decide, and why?

The court decided that the tenant must pay the landlord $1,932.85 because the tenant left the premises unclean and did not undertake any cleaning.

Which laws or rules were applied?

The Residential Tenancies Act 1986, section 40(1)(e) was applied.

What was the argument that mattered most?

The argument that mattered most was that the tenant left the premises unclean and did not undertake any 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 they clean the premises and pay any outstanding rent before the end of the tenancy.

What evidence or documents mattered?

Photographs and a schedule of charges were presented by the landlord to support the claim.

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.
Tenant ordered to pay rent arrears and cleaning fees | VadeLab