Tenant Ordered to Pay Rent Arrears and Compensation
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate the landlord for failing to remove rubbish at the end of the tenancy. The tenant did not comply with their obligations under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant must pay rent arrears and compensate the landlord for failing to remove rubbish at the end of the tenancy.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time and, when moving out, removing all their belongings and leaving the property reasonably clean and tidy, including taking away all 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 the landlord for rubbish removal and skip hire costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate the landlord for failing to remove rubbish at the end of the tenancy. The tenant failed to comply with their obligations under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5185945
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $8,437.72 immediately, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $210.00 (3901334-007) to Kāinga Ora– Homes And Communities immediately.
Description Landlord Tenant Rent arrears to 20 January 2025 $6,390.15 Rubbish removal at end of tenancy $1,805.32 Rubbish skip hire costs during tenancy (less amount paid by tenant)
$452.25
Total award $8,647.72 Bond $210.00 Total payable by Tenant to Landlord $8,437.72
Reasons:
1. [NAME] attended the hearing for the landlord. The tenant was phoned on the numbers provided but the calls to one number went unanswered and calls to the other number went to voicemail.
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2. The landlord has applied for rent arrears, compensation, and refund of the bond, following the end of the tenancy.
How much is owed for rent?
3. The tenancy ended on 20 January 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
4. The tenant did not remove all rubbish at the end of the tenancy as required by section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
5. The tenant requested the landlord to provide her with rubbish skips during the tenancy (one in July 2022 and another in June 2019). The tenant has not paid the full cost of those skips.
6. The amounts ordered have been established.
[NAME]
09 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.
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 did not remove all rubbish at the end of the tenancy as required.
- The landlord provided rent records proving the amount owing at the end of the tenancy.
- The tenant requested rubbish skips during the tenancy but did not pay the full cost.
❌ Tends to be rejected
- The tenant did not attend the hearing for the landlord.
- The tenant did not respond to calls made to the numbers provided.
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 remove rubbish at the end of the tenancy.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and remove rubbish at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for rent arrears and compensate for the failure to remove rubbish because the tenant did not comply with their obligations under the Residential Tenancies Act 1986.
Which laws or rules were applied?
Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant did not comply with their obligations under the Residential Tenancies Act 1986.
Was the decision for or against the person who brought the case?
The decision was against the tenant.
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 and the landlord's application for rent arrears and compensation.