Tenant Ordered to Pay Rent Arrears and Compensation
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and compensation to the landlord, including a cleaning fee, because the tenant failed to leave the rental property in a reasonable state when the tenancy ended.
⚖️ Legal holding
A tenant is required to leave the premises reasonably clean and tidy upon termination of the tenancy.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the premises reasonably clean and tidy, and notifying the landlord of any damage or repair needs. When a tenancy ends, the tenant must move out, remove all their belongings, and leave the property in a reasonably clean and tidy condition, also removing all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant successfully recovered rent arrears and compensation from the respondent.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensation to the landlord, including a cleaning fee, due to the premises not being left in a reasonable state upon termination of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5112751
TENANCY TRIBUNAL - Wellington | Te Whanganui-a-Tara
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay Team Group Rentals Limited As Agent For [NAME] $1,877.71 immediately, calculated as shown in table below.
Description Landlord Rent arrears to termination $1,965.71 Letting fee $870.25 Cleaning $200.00 Removal and storage Filing fee
$534.75 $27.00
Total award $3,597.71 Less Bond $1,720.00 Total payable by Tenant to Landlord $1,877.71
Reasons:
1. Only the landlord attended the hearing.
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.
How much is owed for rent?
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3. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Reduction of the fixed term.
4. The tenancy was for a fixed term until 24 July 2025. The tenant requested termination in November 2024. The landlord accepted the reduction of the fixed term provided a break-lease fee was paid.
5. I have considered the costs that the landlord has applied for regarding that fee and accept the amount claimed.
Did the tenant comply with their obligations at the end of the tenancy?
6. 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)(iii) Residential Tenancies Act 1986.
7. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
8. The tenant did not remove all her items. There was a cost of removing the items and storing them so the property could be tenanted.
9. The amount claimed is proved.
Filing Fee
10. Because the landlord has been successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant.
[NAME]
18 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 the amount of rent owing at the end of the tenancy with rent records.
- The tribunal accepted the landlord's claim for a break-lease fee after the tenant requested early termination of the fixed term.
- The tenant failed to leave the premises reasonably clean and tidy and did not remove all rubbish.
- The tenant did not remove all her items, incurring costs for their removal and storage.
- The landlord was successful with their claim, so the tenant must pay the filing fee.
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 compensation to the landlord.
What was the dispute about?
The dispute was about the condition of the rental property at the end of the tenancy and the amount of rent arrears.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and compensation because the property was not left in a reasonable state.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 40(1)(e)(iii) was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had not left the premises reasonably clean and tidy.
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 that the rental property is left in a reasonable state when the tenancy ends.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount owing at the end of the tenancy.