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 cleaning and rubbish removal. The tenant did not attend the hearing and had been notified by email and text. The landlord proved the amount of rent owing and that the tenant did not comply with their obligations at the end of the tenancy.
⚖️ Legal holding
A tenant must pay rent arrears and compensate the landlord for leaving the premises unclean and untidy.
📖 What the law says
This rule allows the Tenancy Tribunal to proceed with a hearing and make a decision, or dismiss or postpone the case, even if a party does not show up, as long as they were properly notified about the hearing.
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 cleaning and rubbish removal.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate the landlord for cleaning and rubbish removal. The tenant did not attend the hearing and had been notified by email and text. The landlord proved the amount of rent owing and that the tenant did not comply with their obligations at the end of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5097035
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE], The Barracks
ORDER
1. [NAME] must pay [COMPANY] As Agent For [NAME] $637.86 immediately, calculated as shown in table below:
Description Landlord Tenant Rent arrears to 19/11/24 $1,165.86 Cleaning & rubbish removal $525.00 Filing fee reimbursement $27.00 Total award $1,717.86 Bond $1,080.00 Total payable by Tenant to Landlord $637.86
2. The Bond Centre is to pay the bond of $1,080.00 (6158379-003) to [COMPANY] As Agent For [NAME] immediately.
3. [COMPANY] As Agent For [NAME] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
4. The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.
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Reasons:
1. The landlord attended the hearing represented by [NAME].
2. The tenant did not attend and did not answer the calls made to his phone during the hearing. He had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in his absence.
3. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the boarding house tenancy.
How much is owed for rent?
4. The tenancy ended on 19 November 2024. The landlord has provided records which prove the amount of rent owing to the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
5. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 66M(b) to (e) RTA.
6. The landlord established in evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all goods and rubbish.
7. The amounts ordered are proven in evidence.
8. The landlord has also applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
9. The landlord is unable to contact the tenant despite having made many attempts to contact him through several different channels, however he has not responded.
10. Accordingly, it is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) RTA.
11. I note that the landlord has offered to hold the belongings for the tenant until next week. Therefore, if he gets in touch with the landlord before next week, he can collect his belongings before they are disposed of. Any personal documents will be left at the Police station.
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12. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
K Lash
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 did not attend the hearing and did not respond to calls, allowing the hearing to continue in their absence.
- The landlord provided records proving the amount of rent arrears.
- The landlord established that the tenant left the premises unclean and untidy, failing to remove all goods and rubbish.
- The landlord's request for compensation for cleaning and rubbish removal was supported by evidence.
❌ Tends to be rejected
- The tenant's compliance with their obligations at the end of the tenancy was not met, leading to additional charges.
- The tenant's failure to respond to multiple attempts to contact them resulted in the landlord being able to dispose of the tenant's goods.
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 cleaning and rubbish removal.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and to leave the premises clean and tidy 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 did not comply with their obligations at the end of the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 66M and 92 were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant did not leave the premises clean and tidy and did not remove all goods and rubbish.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case.
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 penalties.
What evidence or documents mattered?
The evidence that mattered included records proving the amount of rent owing and that the tenant did not comply with their obligations at the end of the tenancy.