Tenant ordered to pay rent arrears and cleaning fees
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord rent arrears, cleaning fees, and other charges. The tenant had not given proper notice and left the property in need of cleaning and lawn maintenance.
⚖️ Legal holding
A tenant is required to pay rent arrears and compensate for damages to the property.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean and tidy, and leaving it in a similar condition with all rubbish removed when moving out. In this case, the tenant failed to pay rent and left the property needing cleaning and lawn maintenance.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and other charges.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears to the landlord, along with cleaning fees and other charges. The tenant had failed to provide proper notice and left the property in a state requiring cleaning and lawn maintenance.
📚 Full judgment Official document
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[2025] NZTT 5121608
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted] [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For [NAME] $2,537.00 immediately, calculated as shown in table below.
2. The tenant must pay the debt in order 1 at the rate of $200.00 every fortnight.
3. The first payment must be made on Tuesday 11 March 2025 and payments must continue every second Tuesday until the debt is paid in full.
4. If the tenant fails to make any payment by midnight on the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
5. The Bond Centre is to pay the bond of $2,520.00 (3297657-009) to [COMPANY] As Agent For [NAME] immediately.
Description Landlord Tenant Rent arrears to 31 January 2025 $4,680.00 Cleaning $170.00 Lawns and Garden work $180.00 Filing fee reimbursement $27.00 Total award $5,057.00 Bond $2,520.00
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Total payable by Tenant to Landlord $2,537.00
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for rent arrears, compensation for cleaning and lawns refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
3. On or about the 28 December 2024 the tenant received a text from the landlord which noted that as the tenant was in rent arrears the landlord would be making an application to the Tribunal for eviction. The tenant believed that she would be homeless and started moving out of the property. A neighbour informed the landlord that the tenant was moving out, and the landlord emailed the tenant and advised her that she could not simply leave the property, she would be required to give 28 days’ notice. The tenant then gave notice from the 4 January. The tenancy ended on the 31 January 2025. The landlord was unable to re-let the property before that date. The tenant is therefore liable for rent until the 31 January. The landlord today provided a rent ledger which proves the amount owing by the tenant.
Did the tenant comply with their obligations at the end of the tenancy?
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 agreed that there was a small amount of cleaning needed to bring the property up to a reasonably clean and tidy condition and that the lawns needed mowing. She has agreed to pay the amount sought by the landlord.
Filing fee.
6. [COMPANY] as Agent for [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
Payment of the ordered amounts.
7. The tenant wishes to pay the debt off to the landlord. She has agreed to pay $200 per fortnight off the debt starting on Tuesday 11 March 2025 and continuing every second Tuesday until the debt has been repaid. The tenant understands that if she misses any payment that the landlord can enforce the debt as a monetary order.
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T Prowse
25 February 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 tenant is responsible for paying rent arrears until the end of the tenancy.
- The tenant agreed to pay for necessary cleaning and lawn maintenance.
- The landlord provided proof of the amount of rent arrears through a rent ledger.
- The tenant acknowledged the need for cleaning and lawn work and agreed to pay for it.
❌ Tends to be rejected
- The tenant's belief that they would be homeless if they stayed caused them to start moving out without proper notice, which did not excuse them from rent obligations.
- The tenant's agreement to pay for cleaning and lawn work did not affect the amount owed for rent arrears.
- The landlord's inability to re-let the property before the end of the tenancy period increased the tenant's liability for rent arrears.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay rent arrears, cleaning fees, and other charges to the landlord.
What was the dispute about?
The landlord claimed rent arrears and cleaning fees after the tenant moved out without giving proper notice.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not provide proper notice and left the property in need of cleaning and maintenance.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 54 were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant did not provide proper notice and left the property in a state requiring cleaning and lawn maintenance.
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 provide proper notice and leave the property in a clean and tidy condition.
What evidence or documents mattered?
The rent ledger provided by the landlord proved the amount owing by the tenant.