Tenant Ordered to Pay Rent Arrears and Compensate Landlord
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate the landlord for failing to comply with obligations at the end of the tenancy, such as removing all belongings and ensuring the premises were left clean and tidy.
⚖️ Legal holding
A tenant must pay rent arrears and compensate the landlord for failing to comply with obligations at the end of the tenancy.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean and tidy, and removing all their belongings and rubbish when the tenancy ends.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent, water, and power arrears, and to compensate the landlord for breach of tenancy obligations.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate the landlord for failing to comply with obligations at the end of the tenancy, including removing all goods and leaving the premises clean and tidy.
📚 Full judgment Official document
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[2025] NZTT 5155673
TENANCY TRIBUNAL AT AUCKLAND | TE TARAIPIUNARA RETIHANGA KI TĀMAKI MAKAURAU
APPLICANT: [redacted] agent for [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The [COMPANY] is to pay the bond of $5,400.00 (3777984-004) to [COMPANY] as agent for [NAME] immediately.
2. [NAME] must pay [COMPANY] as agent for [NAME] $3,628.05 immediately, calculated as shown in table below.
Description Landlord Rent arrears to 4 March 2025 $6,267.85 Water rates $48.53 Power use $281.67 Pool cleaning fee $793.00 General cleaning and carpet cleaning $460.00 Rubbish removal $230.00 Disassembling tenant’s bed and table $253.00 Lawns and garden work $667.00 Filing fee reimbursement $27.00 Total award $9,028.05 [COMPANY] $5,400.00 Total amount tenant must pay the landlord $3,628.05
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Reasons:
1. [NAME] attended the hearing for the landlord’s agent.
2. The tenant did not attend. The hearing proceeded in the tenant’s absence.
3. The landlord has applied for rent, water, and power arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much does the tenant owe the landlord for rent, water, and power?
4. The tenancy ended on 4 March 2025.
5. [NAME] provided rent, water, and power records proving the arrears.
6. The Tribunal makes orders accordingly.
Did the tenant comply with their obligations at the end of the tenancy?
7. At the end of the tenancy the tenant must remove all their goods, leave the premises reasonably clean and tidy, and remove all rubbish.1
8. The tenant did not remove all their goods, leave the premises reasonably clean and tidy, or remove all their rubbish.
9. The amounts ordered to remedy the tenant’s breaches are proved.
Filing fee
10. The tenant must reimburse the landlord for the filing fee.
Bond
11. The Tribunal directs the [COMPANY] to pay out the bond to the landlord in part- payment of the tenant’s debt due under this order.
1 Residential Tenancies Act 1986, s 40(1)(e)(ii)-(iii).
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[NAME]
14 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 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
- Tenant provided proof of rent, water, and power arrears.
- Tenant did not attend the hearing, allowing the landlord's claims to proceed unchallenged.
- Breaches of obligations at the end of the tenancy were proven by the landlord.
- The filing fee was reimbursed to the landlord as ordered by the tribunal.
❌ Tends to be rejected
- Tenant did not remove all personal belongings from the premises.
- Tenant did not leave the premises reasonably clean and tidy.
- Tenant did not remove all rubbish from the premises.
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 failing to comply with obligations at the end of the tenancy.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and comply with obligations at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay rent arrears and compensate the landlord because the tenant failed to comply with obligations at the end of the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(iii) and 54 were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant failed to comply with obligations at the end of the tenancy, including removing all goods and leaving the premises clean and tidy.
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 comply with all obligations at the end of the tenancy to avoid having to pay rent arrears and compensation.
What evidence or documents mattered?
The evidence included rent, water, and power records proving the arrears.