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Tenant Ordered to Pay Rent Arrears and Compensation for Cleaning and Garden Work

Case No.

📌 In brief

The Tenancy Tribunal ordered the tenant to pay $1,625.33 to the landlord, including rent arrears and compensation for cleaning and garden work. The tenant failed to leave the premises reasonably clean and tidy upon termination of the tenancy.

⚖️ Legal holding

A tenant is required to leave the premises reasonably clean and tidy upon termination of the tenancy.

Topics

rent arrearscompensation for cleaning and garden work

Provisions

📖 What the law says

Residential Tenancies Act 1986 s.40

This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean and tidy, and notifying the landlord of any damage or repair needs. When a tenancy ends, the tenant must move out, remove their belongings, leave the property in a reasonably clean and tidy condition, and take away all 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 garden work.

📜 Headnote Official document

The Tenancy Tribunal ordered the tenant to pay $1,625.33 to the landlord, including rent arrears and compensation for cleaning and garden work. The tenant failed to leave the premises reasonably clean and tidy upon termination of the tenancy.

📚 Full judgment Official document

__________________________________________________________________________________ 5159771 1

[2025] NZTT 5159771

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] T/A: [NAME] As Agent For [NAME] $1,625.33 immediately, calculated as shown in table below.

2. The Bond Centre is to pay the bond of $3,160.00 (5868140-003) to [COMPANY] T/A: [NAME] As Agent For [NAME] immediately.

Description Landlord Tenant Rent arrears to 12/1/25 $2,595.71 Filing fee reimbursement $27.00 Carpet Cleaning $264.50 Cleaning $850.00 Lawns and Garden work $230.00 Water rates $238.12 Rubbish removal $580.00 Total award $4,785.33 Bond $3,160.00 Total payable by Tenant to Landlord $1,625.33

__________________________________________________________________________________ 5159771 2

Reasons:

1. The landlord attended the hearing which was conducted by phone. The tenant could not be contacted on the number provided however I am satisfied a Notice of Hearing had been served at the email address for service.

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 and water rates?

3. The tenancy ended on 12 January 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

4. 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.

5. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

6. The amounts ordered are proved.

7. [COMPANY] T/A: [NAME] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.

[NAME]

27 May 2025

__________________________________________________________________________________ 5159771 3

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/

__________________________________________________________________________________ 5159771 4

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 provided rent records and water rates invoices proving the amount owing at the end of the tenancy.
  • The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
  • The landlord successfully claimed compensation for carpet cleaning, general cleaning, lawn and garden work, water rates, and rubbish removal.
  • The filing fee reimbursement was approved by the tribunal.

❌ Tends to be rejected

  • The tenant could not be contacted during the hearing, and there is no mention of any arguments presented by the tenant.
  • The tenant did not provide any evidence or arguments to counter the landlord's claims for compensation and rent arrears.

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 $1,625.33 to the landlord, including rent arrears and compensation for cleaning and garden work.

What was the dispute about?

The dispute was about the tenant's failure to pay rent arrears and to leave the premises reasonably clean and tidy upon termination of the tenancy.

How did the court decide, and why?

The court decided that the tenant must pay the landlord for rent arrears and compensation for cleaning and garden work because the tenant did not leave the premises reasonably clean and tidy.

Which laws or rules were applied?

The Residential Tenancies Act 1986, section 40(1)(e)(ii)-(v) was applied.

What was the argument that mattered most?

The argument that mattered most was that the tenant did not leave the premises reasonably clean and tidy upon termination of the tenancy.

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 reasonably clean and tidy upon termination of the tenancy to avoid having to pay rent arrears and compensation for cleaning and garden work.

What evidence or documents mattered?

The evidence included rent records and invoices for water rates, cleaning, and garden work.

Official source: Tenancy Tribunal headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Tenancy Tribunal and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.
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