Tenant Ordered to Pay Rent Arrears and Compensation
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and compensate for leaving rubbish behind. The landlord provided proof of the rent owed and evidence of the rubbish left under the house.
⚖️ Legal holding
A tenant must pay rent arrears and compensate for failing to remove rubbish as required by the Residential Tenancies Act 1986.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time and, when moving out, leaving the property reasonably clean, tidy, and free of rubbish. In this case, the tenant was ordered to pay rent arrears and for failing to remove 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 for rubbish removal.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for failing to remove rubbish as required by the Residential Tenancies Act 1986. The landlord provided proof of the amount owing and evidence of the rubbish left behind.
📚 Full judgment Official document
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[2025] NZTT 5148731
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $563.62 immediately, calculated as shown in the table below.
Description Landlord Tenant Rent arrears to 26.11.2024 $339.14 Rubbish removal $656.48 Total award $995.62 less Bond $432.00 Total payable by Tenant to Landlord $563.62
2. The [COMPANY] is to pay the bond of $432.00 (3024403-002) to Kāinga Ora– Homes and Communities immediately.
Reasons:
1. Only the landlord, represented by [NAME], attended the hearing. There was no appearance by the tenant. Being satisfied that he had been notified, the hearing proceeded in his absence.
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2. The landlord has applied for rent arrears, compensation, and payment from the bond following the end of the tenancy.
How much is owed for rent?
3. The tenancy ended on 26 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. This is awarded above.
Did the tenant comply with their obligations at the end of the tenancy?
4. 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) of the Residential Tenancies Act 1986 (the RTA).
5. While the tenant left the premises in a reasonably clean and tidy condition, he did not remove all rubbish, which was stored under the house. The landlord provided an inspection report with photographs. The cost incurred for rubbish removal was $656.48.
6. The amount ordered is proved.
Filing fee
7. While successful, the landlord does not seek the filing fee.
[NAME]
01 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 rent records proving the amount of rent arrears.
- The tenant left the premises reasonably clean and tidy, but did not remove all rubbish.
- The landlord provided an inspection report with photographs showing unremoved rubbish.
- The cost incurred for rubbish removal was proven to be $656.48.
❌ Tends to be rejected
- The tenant did not attend the hearing to dispute the claims.
- The tenant did not provide any evidence or proof to counter the landlord's claims.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay rent arrears and compensate for leaving rubbish behind.
What was the dispute about?
The dispute was about the tenant's failure to remove rubbish from the property 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 the cost of rubbish removal because the tenant did not comply with their obligations under the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 40(1)(e)(ii)-(v), was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant failed to remove all rubbish from the property 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 they remove all rubbish from the property at the end of the tenancy to avoid having to pay compensation.
What evidence or documents mattered?
The evidence included rent records and an inspection report with photographs showing the rubbish left behind.