Tenant Ordered to Pay Rent Arrears and Cleaning Fees from Bond
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears, water rates, and cleaning fees from the bond to the landlord because the premises were not left reasonably clean and tidy at the end of the tenancy.
⚖️ Legal holding
A tenant must pay rent arrears, water rates, and cleaning fees from the bond to the landlord if the premises are not left reasonably clean and tidy.
📖 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 the premises 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 Tribunal ordered the tenant to pay rent arrears, water rates, and cleaning fees from the bond to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, and cleaning fees from the bond to the landlord after finding that the premises were not left reasonably clean and tidy at the end of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5204797, 5207631
TENANCY TRIBUNAL AT NORTH SHORE | TE TARAIPIUNARA RETIHANGA KI ŌKAHUKURA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
ORDER
1. [NAME] and [NAME] to pay [COMPANY] Management $1,077.93 from the bond, calculated as shown in table below.
2. The [COMPANY] is to pay the bond of $1,077.93 (3506243-005) to [COMPANY] Management immediately. The [COMPANY] is to pay the bond of $1,782.07 (3506243-005) to [NAME] and [NAME] immediately.
Description Landlord Tenant Rent arrears $104.29 Water rates $314.14 Cleaning: carpet, kitchen and bathroom $632.50 Filing fee reimbursement $27.00 Total award $1,077.93 Bond $1,077.93 $1,782.07
Reasons:
1. Both parties attended the hearing.
2. The tenancy started on 28 August 2022 and ended on 1 March 2025.
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3. The tenant applied for a refund of the bond and reimbursement of the filing fee following the end of the tenancy.
4. The landlord has made a cross-application for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee.
5. The landlord provided rent records and water rates invoices which proved the amount owing at the end of the tenancy. The rent owing was $104.29 and water rates owing was $314.14.
6. The tenants did not dispute the amounts. Accordingly, I order the tenant to pay the amounts from the bond to the landlord.
7. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy. See section 40(1)(e) Residential Tenancies Act 1986.
8. The landlord claimed that the tenant had not left the carpet reasonably clean and did not leave some parts of the kitchen and bathroom reasonably clean.
9. The tenant claimed that the carpet was reasonably clean given its normal usage and also claimed that the premises was left reasonably clean at the end of the tenancy.
10. Having considered the photos provided carefully, I find that the stains left on the carpet, the state of the rangehood and some parts of the bathroom were not left reasonably clean.
11. I order the tenant to pay the landlord $632.50 for cleaning from the bond.
12. I dismiss the landlord’s claim for insurance excess to have the carpet replaced entirely. I do not find that the carpet was such that it required replacement.
13. Because the landlord has substantially succeeded with the claim, the tenant must reimburse the landlord’s filing fee also.
J Yi
03 June 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 records and invoices that proved the amounts owed for rent and water rates.
- The tenants did not dispute the amounts claimed for rent arrears and water rates.
- The tribunal found that stains on the carpet and the state of the rangehood and parts of the bathroom were not reasonably clean.
- The landlord largely succeeded with their claim, so the tenant had to reimburse the landlord's filing fee.
❌ Tends to be rejected
- The landlord's claim for the carpet to be entirely replaced was dismissed because the carpet did not require replacement.
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, water rates, and cleaning fees from the bond to the landlord.
What was the dispute about?
The dispute was about whether the tenant should pay rent arrears, water rates, and cleaning fees from the bond to the landlord due to the premises not being left reasonably clean and tidy.
How did the court decide, and why?
The court decided that the tenant must pay the landlord because the premises were not left reasonably clean and tidy, as evidenced by the condition of the carpet, rangehood, and some parts of the bathroom.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 40(1)(e) was applied.
What was the argument that mattered most?
The argument that mattered most was that the premises were not left reasonably clean and tidy at the end of the tenancy.
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 the premises are left reasonably clean and tidy at the end of the tenancy to avoid having to pay rent arrears, water rates, and cleaning fees.
What evidence or documents mattered?
Photos of the premises showing the state of the carpet, rangehood, and some parts of the bathroom were important evidence.