Tenant Ordered to Pay Rent Arrears and Compensation
📌 In brief
The Tenancy Tribunal ruled that tenants must pay rent arrears and compensate the landlord for cleaning and rubbish removal costs, as they did not leave the premises in a reasonably clean and tidy state.
⚖️ Legal holding
A tenant is required to leave the premises reasonably clean and tidy and remove all rubbish upon termination of the tenancy.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the premises reasonably clean and tidy, and notifying the landlord of damage or repair needs. When a tenancy ends, the tenant must leave the premises, remove their belongings, leave the property reasonably clean and tidy, and remove all rubbish.
This section gives the Tenancy Tribunal the power to resolve disputes between landlords and tenants that relate to tenancies covered by this Act. This includes deciding if a property is a residential premise under the Act and if a tenancy agreement exists.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenants to pay rent arrears and compensate the landlord for cleaning and rubbish removal costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenants to pay rent arrears and compensate the landlord for cleaning and rubbish removal costs, finding that the tenants failed to leave the premises reasonably clean and tidy.
📚 Full judgment Official document
__________________________________________________________________________________ 5175196 1
[2025] NZTT 5175196
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The Tribunal orders suppression of the landlord names and identifying details and those of [Tenant 1].
2. [Tenant 1], [NAME] and [NAME] to pay [The landlord/s] $1,610.00 from the bond, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 8/2/25 $590.00 Cleaning $715.00 Rubbish removal $118.00 Cleaning and rubbish removal landlord $160.00 Filing fee reimbursement $27.00 Total award $1,610.00 Bond $1,610.00 $550.00
3. The Bond Centre is to pay the bond of $2,160.00 ([Bond number suppressed]) immediately apportioned as follows:
[The landlord/s]: $1,610.00
[The tenant/s]: $2,160.00
__________________________________________________________________________________ 5175196 2
Reasons:
1. [The landlord/s] attended the hearing. [Tenant 1] also attended and advises that he has had no contact from the other tenants.
2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
3. The tenancy ended on 8 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy which relates to [NAME]’s allocation for rent.
4. As the tenants are jointly and severally liable for rent arrears, the amount owed is ordered to come from the bond. If the tenants dispute the allocation of this amount, they would need to resolve that in the alternative jurisdiction of the Disputes Tribunal. This is because the Tenancy Tribunal only has jurisdiction to determine disputes between landlords and tenants.1
Did the tenant comply with their obligations at the end of the tenancy?
5. The landlord makes the following claims:
a. $715 for a professional clean.
b. Rubbish removal costs of $118.
c. Cleaning and rubbish removal costs of the landlord $120.
6. At the end of a tenancy section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA) directs that 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.
7. The tenant's statutory obligation is to leave the premises reasonably clean and reasonably tidy. This is not an absolute standard, and it does not mean that the premises will necessarily be ready for occupation by a new tenant straight away. It is to be expected that a landlord will spend some time (or pay someone else) on cleaning and maintenance work between tenancies. This is part of the business of being a landlord.
8. The test as to whether premises are in a reasonably clean and tidy condition is an objective test, not to be determined on the basis of the subjective opinion of either the landlord or the tenant. Also, a tenant, generally, should not be
1 Section 77(1)RTA
__________________________________________________________________________________ 5175196 3
expected to keep the premises any cleaner or tidier than they were at the start of the tenancy.
9. Having assessed the evidence very carefully, and after discussing the evidence with the parties, I am satisfied that the tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish when they vacated the tenancy. This is in breach of section 40(1)(e)(iii) of the RTA.
10. [Tenant 1] vacated the premise prior to [NAME] and [NAME] and as such it appears that the majority of the breach is due to their inaction. [The landlord/s] had very sensibly provided an expectation list to the tenants of what they required attending to before the end of the tenancy and conducted a pre-exit inspection. There is nothing on the list that I consider unreasonable or not in line with the RTA.
11. The amounts ordered are proven and considered reasonable in the circumstances.
The filing fee
12. Because [The landlord/s] have wholly succeeded with the claim I must reimburse the filing fee.
Suppression
13. Section 95A of the RTA requires the Tribunal to supress a party’s name or identifying details if that party was “wholly or substantially” successful and allows discretion whilst weighing up the parties’ interests and the public interest. The landlords were wholly successful and accordingly I approve their application for suppression.
14. [Tenant 1] attended the hearing and consented to the majority of the claims. It appears he has been let down by his fellow tenants here. I therefore consider it appropriate that his name also be suppressed from the published order.
K Lash 31 March 2025
__________________________________________________________________________________ 5175196 4
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/
__________________________________________________________________________________ 5175196 5
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 landlord provided rent records that proved the amount of rent owing at the end of the tenancy.
- The tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.
- The landlord had provided an expectation list and conducted a pre-exit inspection, which was considered reasonable.
- The amounts claimed for cleaning and rubbish removal were proven and considered reasonable.
- The landlord wholly succeeded with the claim, entitling them to reimbursement of the filing fee.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenants to pay rent arrears and compensate the landlord for cleaning and rubbish removal costs.
What was the dispute about?
The dispute was about the tenants failing to leave the rental property in a clean and tidy condition and owing rent arrears.
How did the court decide, and why?
The court decided that the tenants must pay the landlord for rent arrears and cleaning costs because they did not meet their obligations under the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e) and 77(1), were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenants did not leave the premises reasonably clean and tidy, as required by 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 that the rental property is left in a reasonably clean and tidy condition and all rent is paid to avoid similar penalties.
What evidence or documents mattered?
The rent records and the landlord's expectations list mattered in this case.