Tenant Ordered to Pay Rent Arrears and Cleaning Fees
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears, cleaning fees, and a call-out fee for urgent electrical assessment due to damages left at the end of the tenancy. The landlord provided proof of the damages and the costs incurred.
⚖️ Legal holding
A tenant is responsible for rent arrears, cleaning costs, and urgent repairs called out during the tenancy.
📖 What the law says
This rule states that a tenant must pay rent on time as agreed in their tenancy agreement. It also requires tenants to keep the rented property reasonably clean and tidy, and to leave it in that condition when they move out, removing all their belongings and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears, cleaning fees, and a call-out fee for urgent electrical assessment.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears, cleaning fees, and a call-out fee for urgent electrical assessment due to damages left at the end of the tenancy. The landlord provided proof of the damages and the costs incurred.
📚 Full judgment Official document
__________________________________________________________________________________ 5105489 1
[2025] NZTT 5105489
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] as agent for [NAME] $2,014.51 immediately, as calculated in table below:
Description Landlord Tenant Rent arrears for 15 October 2024 to 24 October 2024 $614.30 Carpet Cleaning $287.50 Cleaning and rubbish removal $994.00 Repairs (call out fee) $91.71 Filing fee reimbursement $27.00 Total award $2,014.51 Total payable by Tenant to Landlord $2,014.51
Reasons:
1. The landlord attended the hearing. The tenant did not attend the hearing and did not respond when telephoned on the number ending in 170.
2. The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
__________________________________________________________________________________ 5105489 2
How much is owed for rent?
3. The Tribunal previously issued an order for termination and rent arrears to 14 October 2024 – being the date possession was granted. However, the tenant did not actually move out of the property until 24 October 2024.
4. The landlord claims for the additional 10 days rent from 15 October 2024 to 24 October 2024 totalling $614.30 and has provided records which prove this amount.
Did the tenant comply with their obligations at the end of the tenancy?
5. 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 (RTA).
6. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Photographs provided by the landlord show that significant cleaning and rubbish removal was required at the property, and the landlord advises that the carpet had animal faeces on it, smelled and required cleaning. Invoices have been provided for carpet cleaning of $287.50 and cleaning and rubbish removal of $994.00.
7. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
8. A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
9. Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
10. Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
11. Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section
__________________________________________________________________________________ 5105489 3
49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
12. The landlord claims that a front corner of the property was carelessly damaged by a moving truck, causing electrical wires to become exposed. The landlord was required to have an electrician come to the property to ensure that the exposed wiring was safe. The landlord does not claim for the cost to repair this external damage but seeks compensation of the call-out fee required for the urgent electrical assessment. An invoice has been provided for this of $91.71.
13. The following damage was caused during the tenancy: a front corner of the property/gutter damage beside mains cable. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
14. The amount ordered is proved.
15. [COMPANY] as agent for [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME] 12 March 2025
__________________________________________________________________________________ 5105489 4
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/
__________________________________________________________________________________ 5105489 5
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 owed additional rent for staying in the property after the previous order's date.
- The landlord provided photographs showing the property was not left clean and tidy, and rubbish was not removed.
- The landlord provided invoices for carpet cleaning and general cleaning/rubbish removal, which proved the amounts claimed.
- The landlord showed that damage occurred to the property's front corner during the tenancy, which was more than normal wear and tear.
- The landlord provided an invoice for the urgent electrical assessment call-out fee, which proved the amount claimed.
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 rent arrears, cleaning fees, and a call-out fee for urgent electrical assessment.
What was the dispute about?
The dispute was about the tenant leaving the premises unclean and causing damages that required urgent repairs.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not comply with their obligations at the end of the tenancy, leaving the premises unclean and causing damages.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(2)(a), and 49B were applied.
What was the argument that mattered most?
The most important argument was that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish, as required by the Residential Tenancies Act 1986.
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 they leave the premises reasonably clean and tidy, remove all rubbish, and do not cause unnecessary damages at the end of the tenancy.
What evidence or documents mattered?
The evidence included invoices for rent arrears, cleaning fees, and the call-out fee for urgent electrical assessment, as well as photographs showing the state of the premises.