Tenant Ordered to Pay Rent Arrears and Cleaning Fees
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord for unpaid rent, cleaning, and repairs needed due to damage beyond normal wear and tear.
⚖️ Legal holding
A tenant is liable for rent arrears, cleaning, and damages beyond fair wear and tear.
📖 What the law says
This section states that a tenant must pay rent on time as agreed in the tenancy agreement. It also requires the tenant to keep the rental property reasonably clean and tidy, and to leave it in that condition when moving out, removing all their belongings and rubbish.
This section makes a tenant responsible for the actions of anyone they allow into the rental property. If that person does something that would break the tenancy agreement, the tenant is held accountable for it.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears, cleaning fees, and damages to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears, cleaning fees, and damages to the landlord due to excessive wear and tear beyond fair use.
📚 Full judgment Official document
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[2025] NZTT 5024988
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
2. [NAME] must pay [The landlord/s] $1,323.88 immediately, calculated as shown in table below.
3. [COMPANY] is to pay the bond of $2,480.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Description Landlord Tenant Rent arrears to 26/07/2024 $1,041.43 Cleaning $750.00 Rubbish removal: Including 2 bins $1,352.95 Repairs: Painting $632.50 Filing fee reimbursement $27.00 Total award $3,803.88 Minus bond - $2,480.00 Total payable by Tenant to Landlord $1,323.88
Reasons:
1. The landlord attended the teleconference hearing. The tenant did not.
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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.
3. The tenancy ended on 26 July 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
4. I order the tenant to pay $1,041.43 to the landlord for rent arrears.
5. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
6. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
7. I order the tenant to pay $750.00 to the landlord for the exit cleaning and $1,352.95 for rubbish removal.
8. Furthermore, there was damage on the walls and doors that was more than fair wear and tear. I find that they were at least carelessly caused if not intentionally caused. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
9. I order the tenant to pay $632.50 to the landlord for the painting required for the damage caused.
10. Finally, because the landlord has wholly succeeded with the claim, the tenant must reimburse the landlord’s filing fee.
11. The bond will be paid to the landlord to offset the amount payable by the tenant.
[NAME] 28 March 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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord provided rent records that proved the amount of rent owing at the end of the tenancy.
- The tenant did not leave the premises reasonably clean and tidy, nor did they remove all rubbish.
- There was damage to the walls and doors that was more than fair wear and tear, likely caused carelessly or intentionally.
- The landlord wholly succeeded with the claim, so the tenant must reimburse the filing fee.
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 the landlord for rent arrears, cleaning, and repairs due to damage beyond fair wear and tear.
What was the dispute about?
The dispute was about the tenant's responsibility to pay for rent arrears, cleaning, and repairs due to damage beyond normal wear and tear.
How did the court decide, and why?
The court decided that the tenant must pay the landlord because the tenant did not leave the premises clean and tidy and caused damage beyond fair wear and tear.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(2)(a), 41, and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was responsible for leaving the premises clean and tidy and for any damage beyond fair wear and tear.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that they leave the rental property clean and tidy and avoid causing unnecessary damage.
What evidence or documents mattered?
The evidence included rent records and proof of damage beyond fair wear and tear.