Tenant Ordered to Pay Rent Arrears and Cleaning Fees After Early Departure
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay rent arrears and cleaning fees after leaving a property early. The landlord is required to return the bond to the tenant.
⚖️ Legal holding
A tenant is obligated to pay rent arrears and cleaning fees when leaving a property early.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time and leaving the property in a reasonably clean and tidy condition when moving out. In this case, the tenant was ordered to pay rent arrears and cleaning fees, which relates to these responsibilities.
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, while the landlord must return the bond.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and cleaning fees after the tenant left the property early. The landlord must return the bond. The decision was based on the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5088648
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] $2,492.00 immediately, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $3,080.00 (6459158-003) to [COMPANY] immediately.
Description Landlord Tenant Rent arrears to 26 November 2024 $5,170.00 Cleaning $375.00 Filing fee reimbursement $27.00 Total award $5,572.00 Bond $3,080.00 Total payable by Tenant to Landlord $2,492.00
Reasons:
1. Both parties attended the hearing which was held by teleconference.
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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.
How much is owed for rent?
3. The parties signed a one-year fixed-term tenancy that started on 15 March 2024 and was due to end on 14 March 2025. In late 2024 the tenants’ employment situation changed and they were unable to continue with the tenancy. They moved out in mid-October 2024. The landlord released the tenants from the tenancy agreement from 26 November 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $5,170.00
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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
5. The landlord is claiming $1,035.00 including GST for a deep clean of the whole house including carpet cleaning. The landlord produced a quotation in support of this claim and photographs from entry inspection and exit inspection.
6. The photographs show that the bathrooms and kitchen needed further cleaning to meet a reasonably clean and tidy standard. The photographs do not show the rest of the house to not be reasonably clean.
7. The tenant stated that there were stains on the carpet at the beginning of the tenancy, and the landlord told her she needn’t take photographs of them because he would send her his photographs. However, the tenant says the landlord never sent them.
8. From the photographs provided I am unable to find it proved that the carpet was in a worse condition at the end of the tenancy than at the beginning. The parties’ respective evidence is at odds with the other, and there was nothing presented that made me prefer the evidence of one of the parties over the other.
9. I find the claim for cleaning partially proven. I award an amount that I consider reasonable for one person to clean for one full day, which I consider reasonable on the basis of the evidence provided to get the property to a reasonably clean and tidy condition.
10. It is not unusual that landlords undertake a deep clean between tenancies, but this standard exceeds what is required of a tenant.
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Filing fee
11. [COMPANY] has substantially succeeded with the claim I have reimbursed the filing fee.
C Lamdin
26 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 [NAME] 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 proved the amount of rent owing with rent records and water rates invoices.
- The landlord substantially succeeded with their claim, so the filing fee was reimbursed.
- The photographs showed that the bathrooms and kitchen needed more cleaning to meet a reasonable standard.
- The landlord was awarded a reasonable amount for one person to clean for one full day.
❌ Tends to be rejected
- The landlord's claim for a deep clean of the whole house was not fully proven.
- The tenant's claim that carpet stains existed at the start of the tenancy was not proven.
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 and cleaning fees, while the landlord must return the bond.
What was the dispute about?
The dispute was about the tenant's obligation to pay rent arrears and cleaning fees after leaving the property early.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and cleaning fees because the tenant left the property early without fulfilling these obligations.
Which laws or rules were applied?
The Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's failure to fulfill their obligations under the tenancy agreement.
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 they fulfill all their obligations under the tenancy agreement, including paying rent arrears and cleaning fees if applicable.
What evidence or documents mattered?
The rent records and water rates invoices provided by the landlord were important evidence.