Tenant ordered to pay rent arrears and compensate for cleaning - Tenancy Tribunal
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and compensate for cleaning and unpaid power bills after failing to comply with their obligations under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is required to pay rent arrears and compensate for cleaning and utilities when they breach their obligations under the Residential Tenancies Act 1986.
📖 What the law says
This rule generally states that the landlord is responsible for paying most costs related to the property, like rates and insurance. However, it also says that the tenant is responsible for paying for electricity or gas used at the property, and sometimes water charges if there's a separate meter and the tenancy agreement mentioned it.
This rule outlines the tenant's main responsibilities. It requires the tenant to pay rent on time, keep the property reasonably clean and tidy, and leave it in a reasonably clean and tidy condition when they move out, removing all their belongings and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for cleaning and power bills.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for cleaning and unpaid power bills after the tenant failed to comply with their obligations under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5193172
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The Bond Centre is to pay the bond of $2,040.00 (6451570-006) to [COMPANY] immediately.
2. [NAME] must pay [COMPANY] $1,605.08 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 08/01/25 $3,404.29 Outgoings: power to 27/12/24 $166.04 Cleaning $74.75 Total award $3,645.08 Bond $2,040.00 Total payable by Tenant to Landlord $1,605.08
Reasons:
1. The landlord attended the remote hearing. The tenant did not attend. Two attempts were made to call the tenant on their last known mobile number. Neither call was answered.
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Was the tenant served?
2. The application was filed two months and three days after the tenancy ended.
3. Pursuant to s91A(2)(e), I am satisfied the application was served on the tenant by transmission to the email address given by the tenant as an address for service in the tenancy agreement.
4. I am satisfied the tenant was served with this application and notice of hearing and proceeded in the tenant’s absence.
Landlord’s previous application dismissed
5. The landlord previously made an application for termination and rent arrears (application number 5096528). That application was dismissed as neither party attended the hearing on 24 February 2025.
6. The legal principle of res judicata, a Latin term meaning "a matter adjudged," prevents a party from relitigating a case after it has been finally decided by a competent court or tribunal.
7. I am satisfied the current application raises different claims to the application previously dismissed. The current application seeks rent arrears and compensation that had not accrued at the time the previous application was made.
Landlord’s claim
8. Following the tenant moving out of the premises before the end of the fixed- term tenancy, the landlord has applied for rent arrears, compensation for cleaning and unpaid power bills, and refund of the bond.
How much is owed for rent?
9. The tenancy was a fixed-term tenancy until 31 October 2025.
10. In December 2024, the tenant indicated she wished to move out before the end of the fixed term due to financial circumstances. The landlord says they were willing to agree to an early end to the tenancy but advised the tenant they would be liable for rent until a new tenancy commenced.
11. The tenant moved out on or about 20 December 2024. The landlord says a new tenancy commenced on 8 January 2025. The landlord therefore seeks rent arrears until 7 January 2025.
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12. The landlord provided rent records which prove that as at 7 January 2025, the tenant owed the landlord $3,404.29.
13. The amount ordered is proved.
How much is owed for outgoings?
14. The tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities. See s39(3) of the Residential Tenancies Act 1986 (RTA).
15. The premises is a unit within an apartment complex. The landlord says the meter is read monthly to ensure an accurate record is kept for the power used by each unit.
16. The landlord has provided three invoices for the period 18/10/24 – 27/12/24 for power used by the tenant. The landlord says the tenant has not made any payments toward the power charges.
17. The total amount sought is $166.04.
18. The amount ordered is proved.
Did the tenant comply with their obligations at the end of the tenancy?
19. 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) of the RTA.
20. The tenant did not leave the premises reasonably clean and tidy. The landlord has provided pictures taken on 27 December 2024 which show the kitchen (in particular the oven, and some surfaces) were not reasonably clean, and the bathroom was also not reasonably clean.
21. The landlord seeks compensation of $74.75 being the cost of a “minimal clean” by a professional cleaner. An invoice has been supplied.
22. The amount ordered is proved.
N Small
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21 May 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 owes $3,404.29 for rent arrears as proven by the landlord's rent records.
- The tenant must pay $166.04 for unpaid power bills during their occupancy.
- The tenant is responsible for compensating the landlord $74.75 for a minimal clean due to leaving the premises unreasonably dirty.
❌ Tends to be rejected
- The tenant's non-compliance with cleaning obligations and utility payments was not contested or addressed in the arguments presented.
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 compensate for cleaning and unpaid power bills.
What was the dispute about?
The dispute was about the tenant's failure to pay rent and compensate for cleaning and utilities.
How did the court decide, and why?
The court decided that the tenant must pay the outstanding rent and compensate for cleaning and utilities because the tenant breached their obligations under the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 39(3) and 40(1)(e)(ii)-(v) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was obligated to pay rent and compensate for cleaning and utilities under the Residential Tenancies Act 1986.
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 comply with their obligations under the Residential Tenancies Act 1986 to avoid similar consequences.
What evidence or documents mattered?
The evidence included rent records, invoices for power charges, and pictures showing the state of the premises at the end of the tenancy.