Tenant Ordered to Pay Rent Arrears and Compensation for Rubbish Removal
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay $1,286.00 to the landlord, which includes rent arrears and compensation for the landlord's costs related to rubbish removal at the end of the tenancy.
⚖️ Legal holding
A tenant must pay rent arrears and compensate the landlord for costs incurred due to the tenant's failure to remove rubbish upon termination of the tenancy.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time and ensuring the property is kept reasonably clean. When a tenancy ends, the tenant must move out, remove all their belongings, leave the property reasonably clean and tidy, 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 rubbish removal costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $1,286.00 to the landlord, covering rent arrears and compensation for rubbish removal costs incurred due to the tenant's failure to remove rubbish upon termination of the tenancy.
📚 Full judgment Official document
__________________________________________________________________________________ 5112569 1
[2025] NZTT 5112569
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat 7, 28 Ladies Mile, Remuera, Auckland 1050
ORDER
1. [NAME] to pay [COMPANY] T/A [NAME] Family Trust $1,286.00 from the bond, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 8 October 2024 $710.00 Rubbish removal $549.00 Filing fee reimbursement $27.00 Total award $1,286.00 Bond $1,286.00 $214.00
2. The Bond Centre is to pay the bond of $1,500.00 (5779342-007) immediately apportioned as follows:
[COMPANY] T/A [NAME] Family Trust: $1,286.00
[NAME]: $214.00
__________________________________________________________________________________ 5112569 2
Reasons:
1. Both parties attended the hearing, conducted via teleconference. This was a continuation after a prior adjournment.
2. The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The bond amount would cover the claims.
How much is owed for rent?
3. The tenancy ended on 8 October 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered.
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 remove all rubbish. The landlord sought $549.00 for the cost of rubbish removal. This cost was established by an invoice and the need for it evidenced by a series of photos.
6. The full claimed amount and awarded is considered reasonable and proven.
Filing fee
7. [COMPANY] T/A [NAME] Family Trust has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
10 April 2025
__________________________________________________________________________________ 5112569 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/
__________________________________________________________________________________ 5112569 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 proved the amount of rent owed at the end of the tenancy with rent records.
- The tenant failed to remove all rubbish from the premises as required at the end of the tenancy.
- The landlord provided an invoice and photos to prove the cost and necessity of rubbish removal.
- The landlord was reimbursed for the filing fee because they fully succeeded with their claim.
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 $1,286.00 to the landlord, including rent arrears and compensation for rubbish removal costs.
What was the dispute about?
The dispute was about the tenant's obligation to pay rent arrears and compensate the landlord for costs related to rubbish removal at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the specified amount because they failed to remove rubbish as required by the Residential Tenancies Act 1986.
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 that the tenant had not removed all rubbish as required by the act, leading to additional costs for the landlord.
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 remove all rubbish and leave the premises reasonably clean and tidy at the end of the tenancy.
What evidence or documents mattered?
The evidence included rent records, an invoice for rubbish removal, and a series of photos showing the need for rubbish removal.