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 pest control expenses. The landlord provided photographic evidence of the condition of the premises and proof of rent arrears.
⚖️ Legal holding
A tenant must pay rent arrears and compensate the landlord for damages and necessary cleaning expenses.
📖 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 similar condition when moving out, with all rubbish removed.
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 pest control expenses.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate the landlord for cleaning and pest control expenses. The landlord provided photographic evidence of the condition of the premises and proof of rent arrears.
📚 Full judgment Official document
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[2025] NZTT 5157152
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
2. [NAME] must pay [The landlord/s] $2,314.75 immediately, calculated as shown in table below.
3. [COMPANY] is to pay the bond of $1,640.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Description Landlord Rent arrears $2,314.29 Carpet Cleaning $333.96 Carpet Cleaning: flea treatment $310.50 Rubbish removal $314.00 Lawns and Garden work $240.00 Cleaning $415.00 Filing fee reimbursement $27.00 Total award $3,954.75 Bond $1,640.00 Total payable by Tenant to Landlord $2,314.75
Reasons:
1. The landlord attended the hearing.
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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.
3. The tenancy was a fixed term tenancy. The tenant moved out in December 2024 and the landlord agreed to find a new tenant for a tenancy to start before the expiry of the fixed term. The tenant remained liable for rent until the new tenancy started. The tenancy ended on 8 January 2025 and the landlord provided rent records which prove the amount owing at the end of the tenancy.
4. Because the fixed term tenancy had only two weeks to run, it is not appropriate to award the landlord the claimed fees for arranging a new tenancy as these would be fees incurred at the end of the fixed term tenancy, whether or not it was ended prematurely.
5. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
6. The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
7. The landlord provided evidence that the carpets were infested with fleas and it is appropriate that the landlord be reimbursed for the cost of eradicating the fleas.
8. The amounts ordered are proved.
9. Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
[NAME] 13 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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant owes rent arrears as proven by the landlord's rent records.
- The tenant left the premises unclean and untidy, requiring extensive cleaning.
- The carpets were infested with fleas, necessitating expensive treatments.
- The landlord provided photographic evidence showing the state of the premises.
❌ Tends to be rejected
- The landlord's request for fees related to finding a new tenant was not awarded as the fixed term was nearly over.
- The landlord's claim for compensation beyond the proven costs was not supported by the evidence presented.
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 pest control expenses.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and leaving the premises in poor condition requiring extensive cleaning and pest control.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for rent arrears and cleaning expenses because the tenant left the premises in poor condition and failed to pay rent.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 40(1)(e), was applied.
What was the argument that mattered most?
The most important argument was the photographic evidence provided by the landlord showing the condition of the premises and the proof of rent arrears.
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 leave the premises in good condition and pay all rent arrears to avoid similar penalties.
What evidence or documents mattered?
Photographic evidence of the condition of the premises and proof of rent arrears mattered in this decision.