Tenant Ordered to Pay Rent Arrears and Compensation for Unkept Premises
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $2,711.00 for rent arrears and compensation for cleaning and rubbish removal costs because the tenant left the premises unclean and untidy.
⚖️ Legal holding
A tenant must pay rent arrears and compensate the landlord for cleaning and rubbish removal costs if the premises are left unclean and untidy.
📖 What the law says
This rule states that a tenant must pay rent when it is due and keep the rented property reasonably clean and tidy. It also requires the tenant, when moving out, to leave the property in a reasonably clean and tidy condition 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 and compensate the landlord for cleaning and rubbish removal costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $2,711.00 to the landlord for rent arrears and compensation for cleaning and rubbish removal costs. The tenant failed to leave the premises reasonably clean and tidy at the end of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5146699
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] $2,711.00 immediately, calculated as shown in the table below.
2. The landlord shall dispose of the goods left at the premises by the tenant by:
a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and
b. disposing of all goods with no saleable value as the landlord sees fit.
3. The amount owing to the applicant out of the proceeds of any sale is $2,711.00.
4. [NAME] must pay the proceeds of any sale, less the amount owing in terms of this Order, to the Bond Centre together with a copy of this order.
Description Landlord Tenant Rent arrears to 16 January 2025 $3,160.00 Cleaning $450.00 Rubbish removal $124.00 Filing fee reimbursement $27.00 Total award $3,761.00 Minus Bond - $1,050.00 Total payable by Tenant to Landlord $2,711.00
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Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant was unable to be contacted on the phone number specified in the Notice of Hearing, which was duly served.
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?
3. The tenancy ended when the tenant’s partner gave notice on 19 December 2025 that the tenant wished to end the tenancy as soon as possible. Four weeks’ notice was required (see s.51(2B) RTA as it then applied) making termination date 16 January 2025. The landlord provided rent records which prove the amount owing to that date. The calculation of rent owed excludes payments made for electricity and an additional $30.00 per week paid during part of the tenancy for some additional land rented by the tenant.
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. 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.
5. Photographs provided by the landlord from the end of the tenancy show that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
6. The compensation claimed is reasonable and is proved by invoices provided.
Disposal of Goods
7. The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.
8. The landlord has been unable to arrange with the tenant for collection of the goods.
9. It is not practicable for the landlord to the return the goods to the tenant. Some of the goods (for example sheep left on the property) are likely to have a value above the cost of storing, transporting and selling them. The landlord must sell those goods at a reasonable market price.
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10. The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
11. The landlord may dispose of any goods that have no saleable value.
12. [NAME] has succeeded with the claim I must reimburse the filing fee.
[NAME]
10 April 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 owed up to the tenancy termination date.
- The tenant did not leave the premises clean and tidy or remove all rubbish.
- The compensation claimed by the landlord for cleaning and rubbish removal was reasonable and supported by invoices.
- The landlord was unable to arrange for the tenant to collect the goods left behind.
- The landlord succeeded with the 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 must pay the landlord $2,711.00 for rent arrears and compensation for cleaning and rubbish removal costs.
What was the dispute about?
The landlord claimed rent arrears and compensation for cleaning and rubbish removal costs because the tenant left the premises unclean and untidy.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not leave the premises reasonably clean and tidy at the end of the tenancy.
Which laws or rules were applied?
Sections 54, 40(1)(e)(ii)-(v), and 40(1)(ca) of the Residential Tenancies Act 1986 were 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 at the end 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 at the end of the tenancy to avoid having to pay rent arrears and compensation for cleaning and rubbish removal costs.
What evidence or documents mattered?
Photographs provided by the landlord showing the state of the premises at the end of the tenancy mattered.