Tenant Ordered to Pay Rent Arrears and Compensation
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $7,148.07 to the landlord, which includes rent arrears, water rates, and compensation for key replacement and cleaning costs, due to the tenant's failure to clean the premises properly and remove all rubbish at the end of the tenancy.
⚖️ Legal holding
A tenant is obligated to pay rent arrears and compensate for damages left at the end of a tenancy.
📖 What the law says
This section states that a tenant must pay rent on time as agreed in the tenancy agreement. It also requires the tenant to keep the rental property reasonably clean and tidy.
This section also specifies that when a tenancy ends, the tenant must move out, take all their belongings, leave the property reasonably clean and tidy, and remove all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, and compensation for key replacement and cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $7,148.07 to the landlord, including rent arrears, water rates, and compensation for key replacement and cleaning costs, due to the tenant's failure to clean the premises properly and remove all rubbish at the end of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5021355
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted] Sunhuar Sear
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] As Agent For Sunhuar Sear $7,148.07 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears 19/07/2024 – 23/08/2024 $3,857.15 Previous order application 4943556 dated 23/08/2024 $1,242.66 Water rates $302.51 Rubbish removal $638.00 Cleaning $500.00 Lock/key replacement $580.75 Filing fee reimbursement $27.00 Total award $7,148.07 Total payable by Tenant to Landlord $7,148.07
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Reasons:
1. The landlord attended the hearing. The tenant did not.
2. The landlord has applied for rent arrears, outstanding water rates, compensation and reimbursement of the filing fee following the end of the tenancy.
3. As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.
INCORPORATION OF PREVIOUS TRIBUNAL ORDER 4943556
4. On 23 [NAME] 2024, the Tribunal made an order relating to this tenancy for a total award of $1,242.66 to the landlord. The landlord gave evidence that this order has not been enforced. The amount still owing to the landlord is $1,242.66. Therefore, I incorporate the previous order for application 4943556 into this order for enforcement purposes.
RENT ARREARS AND WATER RATES
5. The tenancy ended on 23 [NAME] 2024.
6. The previous Tribunal order for application 4943556 2024 ordered the tenant to pay rent arrears up to 18 July 2024, as this was the date the landlord’s rent summary went to.
7. At the hearing today, the landlord produced an updated rent summary to 23 [NAME] 2024. This summary proves that the total rent arrears between 19 July 2024 and 23 [NAME] 2024 are $3,857.15. The landlord’s claim for rent arrears is granted in full for this amount.
8. The landlord also provided invoices from Watercare. These prove that the tenant owes $302.51 in outstanding water rates. The landlord’s claim for outstanding water rates is granted in full for this amount.
TENANT OBLIGATIONS AT THE END OF A TENANCY
9. 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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
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10. The landlord gave evidence that the tenant’s abandoned the property without returning the keys. The landlord has had the keys and locks replaced at a cost of $580.75. An invoice from [NAME] for this amount was submitted.
11. The landlord’s claim for compensation to replace the keys and locks is granted in full for $580.75.
12. The landlord also claims that the tenant did not remove all rubbish, and did not leave the premises reasonably clean and tidy.
13. The landlord did not submit photographs but gave evidence that the tenant abandoned the property leaving rubbish, clothes, and miscellaneous household items. The landlord submitted invoices for the hiring of two skip bins for a total of $638.00, as well as an invoice for cleaning for $500.00. The landlord removed the rubbish themselves and did not seek compensation for their time and labour.
14. In the absence of any evidence from the tenant to rebut the landlord’s evidence given at the hearing, I am satisfied on the balance of probabilities that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
15. The landlord’s claims for compensation for rubbish removal and cleaning are granted in full for $638.00 and $500.00 each.
16. All of the amounts ordered above are proved.
FILING FEE
17. [COMPANY] As Agent For Sunhuar Sear has wholly succeeded with the claim I must reimburse the filing fee.
L Ryken
28 February 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 proved that the tenant owed $3,857.15 in rent arrears.
- The landlord showed that the tenant owed $302.51 in outstanding water rates.
- The landlord demonstrated that the tenant did not return the keys, leading to a cost of $580.75 for key replacements.
- The landlord provided invoices showing the tenant left behind rubbish, requiring $638.00 for skip bin hire.
- The landlord submitted an invoice for $500.00 for cleaning services due to the untidy state left by the tenant.
❌ Tends to be rejected
- (No arguments presented by the tenant were addressed in the decision.)
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 $7,148.07 to the landlord, including rent arrears, water rates, and compensation for key replacement and cleaning costs.
What was the dispute about?
The dispute was about the tenant's obligation to pay rent arrears, water rates, and compensation for key replacement and cleaning costs at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the landlord $7,148.07 because the tenant failed to pay rent arrears, water rates, and did not clean the premises properly or remove all rubbish at the end of the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 40(1)(ca) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was obligated to leave the premises reasonably clean and tidy, remove all rubbish, return all keys, and replace worn-out smoke alarm batteries during 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?
For someone in a similar situation, they should ensure that they pay all rent arrears, water rates, and leave the premises reasonably clean and tidy at the end of the tenancy to avoid similar orders.
What evidence or documents mattered?
The evidence included the landlord's rent summary, invoices from Watercare for water rates, invoices for key replacement and cleaning services, and invoices for hiring skip bins for rubbish removal.