Tenant ordered to pay rent arrears and cleaning fees
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and cleaning fees after the landlord showed that the rental unit was left unreasonably dirty.
⚖️ Legal holding
A tenant is liable for rent arrears and cleaning fees if the premises are left unreasonably dirty.
📖 What the law says
This section states that a tenant must pay rent on time, keep the property reasonably clean and tidy, and leave the property in a reasonably clean and tidy condition with all rubbish removed when the tenancy ends.
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 rent arrears and cleaning fees after the landlord proved that the premises were left unreasonably dirty.
📚 Full judgment Official document
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[2025] NZTT 5126835
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room 3, Unit/Flat [ADDRESS], [POSTCODE], Kiwi on Queen
ORDER
1. [NAME] must pay [COMPANY] $1,286.29 immediately, being rent arrears to 30 December 2024.
2. [COMPANY] is to pay the bond of $275.00 (6461639-010) to [COMPANY] immediately.
Description Landlord Tenant Rent arrears to 30 December 2024 $1,414.29 Cleaning $120.00 Filing fee reimbursement $27.00 Total award $1,561.29 Bond $275.00 Total payable by Tenant to Landlord $1,286.29
Reasons:
1. The landlord attended the hearing. The tenant did not attend the hearing. An attempt was made to join the tenant to the hearing by telephone, but the call was unanswered. I am satisfied that the tenant was served with notice of this hearing. The hearing proceeded in the tenant’s absence.
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2. The landlord has applied for rent arrears and has provided rent records which prove the amount owing. On 9 December 2024 the landlord discovered that the tenant had abandoned the premises. The landlord did not seek an order for termination due to abandonment but if it had section 61(3)(a) Residential Tenancies Act 1986 would have determined that the tenant was liable for rent 21 days after 9 December 2024. I have therefore ordered that rent arrears are awarded to 30 December 2024.
3. The landlord applied for cleaning which is awarded because the premises were not left reasonably clean and tidy (see section 40(1)(e)(iii)).
4. The landlord applied for costs associated with viewings and a new tenancy agreement. As this was a periodic tenancy the tenant is not liable for these costs. Those claims are dismissed.
5. [COMPANY] has substantially succeeded with the claim I have reimbursed the filing fee.
N Walker
30 April 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 landlord provided rent records proving the amount of rent arrears.
- The premises were left unreasonably dirty, warranting the award of cleaning fees.
- The tenant was served with notice of the hearing and did not attend.
❌ Tends to be rejected
- The tenant is not liable for costs associated with viewings and a new tenancy agreement in a periodic tenancy.
- The landlord's claim for costs related to viewings and a new tenancy agreement was dismissed.
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 and cleaning fees.
What was the dispute about?
The dispute was about unpaid rent and the condition of the rental unit after the tenant abandoned it.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and cleaning fees because the rental unit was left unreasonably dirty.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(iii) and 61(3)(a) were applied.
What was the argument that mattered most?
The argument that mattered most was that the rental unit was left unreasonably dirty, which justified the cleaning fees.
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 that the rental unit is left in a reasonable state and all rent is paid.
What evidence or documents mattered?
The rent records and evidence of the condition of the rental unit mattered.