Tenant Ordered to Pay Rent Arrears and Compensation
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $1,077.40 for unpaid rent and damages. The tenant left the property unclean and damaged, requiring the landlord to clean and repair the curtains and carpets.
⚖️ Legal holding
A tenant must pay rent arrears and compensate the landlord for leaving the property unclean and damaged.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean and tidy, and leaving it in a clean condition with all rubbish removed when moving out. In this case, the tenant failed to leave the property reasonably clean and tidy and left 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 cleaning and repairs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate the landlord for cleaning and repairs. The tenant failed to leave the property reasonably clean and tidy, leaving rubbish and damaging the curtains.
📚 Full judgment Official document
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[2025] NZTT 5085230
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [COMPANY] is to pay the bond of $1,240.00 (3199281-039) to [COMPANY] immediately.
2. [NAME] must pay [COMPANY] $1,077.04 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 8 November 2024 $1,757.04 Curtain cleaning and rehanging $90.00 Cleaning (including and carpet cleaning) $355.00 Rubbish removal $115.00 Total award $2,317.04 Bond $1,240.00 Total payable by Tenant to Landlord $1,077.04
Reasons:
1. Only the landlord attended the hearing which was held by phone. Two calls were placed to the tenant but both calls went to voicemail.
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2. I am satisfied that the tenant has been served with the landlord’s application in accordance with the provisions of the Residential Tenancies Act 1986 and so that hearing proceeded in the tenant’s absence.
3. 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?
4. The tenancy began on 23 January 2024 and ended on 8 November 2024. The landlord provided rent records which prove that the rent was in arrears in the amount of $1757.04 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 produced ingoing and outgoing inspection photos showing that:
a. The property was not left reasonably clean and tidy;
b. Rubbish had been left behind; and
c. The curtains had been brand new at the start of the tenancy but were unclean and had needed to be re-hemmed at the end of the tenancy.
7. I am satisfied that the tenant did not leave the property reasonably clean and tidy. The landlord said that the tenant asked if she could come back and do cleaning but did not turn up as arranged. The landlord produced an invoice in the amount of $255.00 for general cleaning and $130.00 for carpet cleaning. I consider both amounts to be reasonable.
8. The landlord produced an invoice for removing, cleaning, re-hemming and re- hanging curtains in the amount of $90.00 which I consider reasonable.
9. The landlord also produced an invoice for $155.00 for rubbish removal which I consider reasonable given the amount of rubbish left behind.
[NAME]
18 March 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 owes $1,757.04 in rent arrears.
- The property was left unclean, requiring $255.00 for general cleaning and $130.00 for carpet cleaning.
- The curtains were dirty and needed re-hanging, costing $90.00.
- Rubbish was left behind, and its removal cost $155.00.
❌ Tends to be rejected
- The tenant's request to come back and clean was not considered sufficient.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay the landlord $1,077.40 for unpaid rent and damages.
What was the dispute about?
The dispute was about unpaid rent and the condition of 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 because the property was left unclean and damaged, requiring cleaning and repairs.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 40 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant did not leave the property reasonably clean and tidy, leaving rubbish and damaging the curtains.
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 the property is left clean and in good condition at the end of the tenancy to avoid having to pay for damages.
What evidence or documents mattered?
Evidence included rent records, inspection photos, and invoices for cleaning and repairs.