Tenant Ordered to Pay Rent Arrears and Compensation Due to Non-Compliance
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $2,020.77 to the landlord, including rent arrears and compensation for unpaid water rates and removal of belongings, due to non-compliance with tenancy obligations.
⚖️ Legal holding
A tenant must pay rent arrears and compensate the landlord for unpaid water rates and removal of belongings when they fail to comply with their obligations at the end of the tenancy.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean, and removing all their belongings and rubbish when they move out.
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 unpaid water rates and removal of belongings.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $2,020.77 to the landlord, including rent arrears and compensation for unpaid water rates and removal of belongings, due to non-compliance with tenancy obligations.
📚 Full judgment Official document
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[2025] NZTT 5227872
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For [NAME] $2,020.77 immediately, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $2,360.00 (6234445-007) to [COMPANY] As Agent For [NAME] immediately.
Description Landlord Tenant Rent arrears to 25 March 2025 $3,350.52 Water rates $198.25 Rubbish removal $805.00 Filing fee reimbursement $27.00 Total award $4,380.77 Bond $2,360.00 Total payable by Tenant to Landlord $2,020.77
Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant did not answer any of the calls made at the scheduled time on the two numbers provided to the Tribunal.
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2. The tenant has been served by email which is an address for service on her tenancy agreement.
3. Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
4. 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 and water rates?
5. The tenancy ended on 25 March 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $3,350.52 rent arrears and $198.25 water rates.
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, 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.
7. The landlord claims the tenant did not remove all their belongings and rubbish. The tenant gave the landlord permission to dispose of the items. The landlord produced photographs and an invoice for $805.00 in support of the claim.
8. I find the claim proved.
9. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
22 May 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 arrears and water rates owed with records and invoices.
- The landlord provided photographs and an invoice to support the claim that the tenant did not remove belongings and rubbish.
- The tenant gave the landlord permission to dispose of the items left behind.
- The tribunal was satisfied that the tenant was properly notified of the hearing.
- The landlord succeeded entirely with their claim, so the filing fee was reimbursed.
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 $2,020.77 to the landlord, including rent arrears and compensation for unpaid water rates and removal of belongings.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and unpaid water rates, as well as the landlord's claim for compensation due to the tenant's non-compliance with tenancy obligations.
How did the court decide, and why?
The court decided that the tenant must pay the landlord $2,020.77, including rent arrears and compensation for unpaid water rates and removal of belongings, because the tenant failed to comply with their obligations at the end of the tenancy.
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 the tenant's non-compliance with their obligations at the end of the tenancy, leading to the landlord's claim for rent arrears and compensation.
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 they comply with their obligations at the end of the tenancy to avoid having to pay rent arrears and compensation.
What evidence or documents mattered?
The evidence included rent records, water rates invoices, and photographs and an invoice for the removal of belongings.