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 Tribunal found that 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 upon termination of the tenancy.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time and leaving the property reasonably clean and tidy, with all rubbish removed, when the tenancy ends. In this case, the tenant was found not to have met these obligations regarding rent and rubbish removal.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and compensation for failing to remove rubbish.
📜 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 Tribunal found that the tenant did not comply with their obligations under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5138968
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] Singh
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Glen Avon, New Plymouth 4312
ORDER
1. [NAME] must pay [COMPANY] For Navdeep Singh $729.63 immediately, calculated as shown in the table below.
Description Landlord Tenant Rent arrears (09/12/2024 – 11/12/2024) $291.43 Skip bin hire/rubbish removal $411.20 Filing fee reimbursement $27.00 Total award $729.63 Total payable by Tenant to Landlord $729.63
Reasons:
1. The landlord attended the hearing, which was held today by teleconference. The Tribunal attempted to contact the tenant using the phone number provided. The tenant answered the call but advised that she was attending a funeral and promptly ended the call. The tenant did not request an adjournment, either prior to or during the call.
2. The Tribunal was satisfied that the notice of hearing had been properly served on the tenant and that she had been given a reasonable opportunity to participate.
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In the absence of a formal request to adjourn and given the landlord’s attendance, I considered it fair and reasonable to proceed with the hearing in the tenant’s 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 tenancy.
How much is owed for rent?
4. The tenancy ended on 11 December 2024. 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?
5. 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) Residential Tenancies Act 1986.
6. The landlord proved on the evidence that the tenant did not remove all rubbish from the premises at the end of the tenancy.
7. The amount ordered is proved.
8. As the landlord has wholly succeeded with the claim, I must order the tenant to reimburse the filing fee.
J Setefano
14 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 landlord provided proof of rent arrears through rent records.
- The tenant did not remove all rubbish from the premises at the end of the tenancy.
- The tenant did not request an adjournment despite attending a funeral.
- The landlord was present at the hearing and provided evidence of the tenant's non-compliance.
❌ Tends to be rejected
- The tenant's attendance at a funeral did not justify an adjournment without a formal request.
- The tenant did not provide any evidence or explanation for the state of the premises at the end of the tenancy.
- The tenant did not contest the calculation of the rent arrears and compensation in the hearing.
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 tenant 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 remove rubbish and pay rent arrears 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 did not comply with their obligations under the Residential Tenancies Act 1.6.
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 failed to remove rubbish and pay rent arrears at the end of the tenancy.
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 under the Residential Tenancies Act 1986 to avoid similar penalties.
What evidence or documents mattered?
The evidence included rent records and proof that the tenant did not remove rubbish from the premises at the end of the tenancy.