Tenant Ordered to Pay Rent Arrears and Compensate Landlord
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and compensate the landlord for damages caused by failing to comply with their obligations at the end of the tenancy, such as leaving the premises clean and returning all keys.
⚖️ Legal holding
A tenant must comply with their obligations at the end of the tenancy, including leaving the premises clean and returning all keys.
📖 What the law says
This section outlines what a tenant is responsible for. It includes paying rent on time, keeping the property reasonably clean, and leaving it in a reasonably clean and tidy condition when moving 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 and compensate the landlord for various expenses.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate the landlord for damages incurred due to non-compliance with tenancy obligations, including leaving the premises clean and returning all keys.
📚 Full judgment Official document
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[2025] NZTT 5053128
TENANCY TRIBUNAL AT HAMILTON | TE TARAIPIUNARA RETIHANGA KI KIRIKIRIROA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $1,882.32 immediately, calculated as shown in table below.
2. This order incorporates the Tribunal order made on 19 March 2024 under application 4813400.
Description Landlord Tenant Rent arrears to 5 September 2024 and incorporating rent arrears ordered in Mediated Order 4814300
$2,033.57
Previous order for filing fee reimbursement application 4813400 dated
$27.00
Rubbish removal $764.75 Lawns and Garden work $530.00 Lock/key replacement $420.00 Filing fee reimbursement $27.00 Total award $3,802.32 Bond $1,920.00 Total payable by Tenant to Landlord $1,882.32
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Reasons:
1. [NAME], for the landlord, and [NAME], tenant, attended the hearing which was held in-person on 20 February 2025.
2. The tenancy commenced on 20 March 2021. The tenancy ended on 5 September 2024 as a result of the tenant breaching a mediated order (application 4813400) to pay rent arrears. The landlord obtained a warrant to evict the tenant following the tenancy terminating.
Was the tenant served with notice of the hearing and claim? Should the matter be adjourned for a counter claim to be filed?
3. The tenant said that she had only just seen the documents sent to her by email about the claim and hearing. However the file records show she was first emailed the claim and the landlord’s evidence on 5 November 2024, prior to a mediation being scheduled for this claim. The mediation did not go ahead. The tenant was again emailed a copy of the claim and the landlord’s evidence, along with details of the hearing, on 11 February 2024 when the matter was scheduled for a Tenancy Tribunal hearing. Since then a number of SMS messages were sent to the tenant reminding her about the hearing.
4. The tenant’s email address is included on the tenancy agreement as an address for service. The tenant has been properly served under the Residential Tenancies Act 1986 (RTA) and has had adequate notice of the claim and the hearing.
5. The tenant explained she was the victim of an assault, unrelated to the tenancy, and found it difficult to focus on anything else as a result. She says she wanted to file a counter claim but has not yet prepared her claim.
6. In relation to the counter claim, the tenant asked to be given three weeks to file her counter claim. I considered this was a reasonable time frame and the matter was adjourned for the tenant to file her claim. I advised the tenant at the hearing that if she did not file her claim by 5.00pm on Friday 14 March 2025 I would issue a decision on the tenant’s claim, which was fully heard at the hearing. To date, which is well past the date given to the tenant to file her claim, a counter claim has not been filed and I now issue a decision on the landlord’s claim.
7. As explained at the hearing this does not prevent the tenant from filing a claim, however I have not considered any matter raised by the tenant at the hearing that I understood to be part of her claim in making this decision.
The landlord’s claim
The landlord has applied for rent arrears, compensation for rubbish removal, lawns and garden work, replacement of locks, reimbursement of the filing fee and refund of
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the bond following the end of the tenancy. The claims for cleaning and exemplary damages for removal of the smoke are withdrawn.
How much is owed for rent?
8. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
9. The tenant maintains that during the mediation held on 14 March 2024 under application 4814300) it was verbally agreed that the rent increase notified to the tenant (from $545.00 a week to $565.00 a week) would not occur until after the tenant had paid all of the rent arrears owing. The tenant says she could not afford to pay the rent increase as well as the weekly payment towards paying off her arrears. The rent increase occurred as notified on 23 July 2024.
10. However I am not persuaded that an agreement was reached during mediation regarding rent remaining at $545.00 a week until the tenant paid all the arrears as:
a) the landlord denies that such an agreement occurred, and
b) had such an agreement been reached I am satisfied the mediator would have recorded it as part of the mediated order.
11. Arrears owing under the mediated order 4813400 dated 19 March 2024 are incorporated in the rent arrears ordered in this order. The filing fee ordered ($20.77) is also incorporated. The landlord confirmed that the mediated order has not been enforced.
Did the tenant comply with their obligations at the end of the tenancy?
12. 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) RTA.
13. The tenant did not remove all rubbish and personal belongings from inside the premises. The photographs taken on 5 September 2024 after the eviction establish that a significant amount of personal belongings and rubbish was left in the property. The invoice for the removal of the rubbish/goods records 3.5 trailer loads were removed. I am satisfied that the cost of removing the goods is reasonable.
14. The landlord’s evidence establishes there was rubbish and belongings left outside the premises, the lawns required mowing and gardens and other areas required spraying and maintenance. The amount claimed ($575.00) is reduced by $45.00 as the lawns were mown more than 5 weeks after the tenancy ended.
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15. The tenant did not return the keys. The landlord replaced the locks after the tenancy was terminated.
16. The amounts ordered are proved.
17. As the landlord has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
23 April 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 was properly informed about the claim and hearing, as her email address was on the tenancy agreement and she received multiple notifications.
- The landlord proved the amount of rent arrears and water rates owed at the end of the tenancy with records and invoices.
- The tenant failed to remove a significant amount of rubbish and personal belongings from the property after eviction.
- The cost for removing 3.5 trailer loads of rubbish and goods was deemed reasonable by the Tribunal.
- The tenant did not return the keys, which led to the landlord replacing the locks after the tenancy ended.
❌ Tends to be rejected
- The tenant's claim that a verbal agreement was made during mediation to delay a rent increase was not accepted.
- The tenant did not file a counter claim by the deadline given, despite being granted an adjournment for that purpose.
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 and compensate the landlord for various expenses.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and comply with their obligations at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and compensate the landlord because the tenant failed to comply with their obligations at the end of the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 40(1)(e)(ii)-(v) was applied.
What was the argument that mattered most?
The most important argument was that the tenant did not comply with their obligations at the end of the tenancy, including leaving the premises clean and returning all keys.
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 at the end of the tenancy to avoid similar consequences.
What evidence or documents mattered?
The evidence included rent records, water rates invoices, and photographs showing the state of the premises at the end of the tenancy.