Tenant Ordered to Pay Rent Arrears and Compensation for Untidy Premises
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $2,082.84 to the landlord for rent arrears and compensation for leaving the premises in an untidy state without cleaning or removing rubbish.
⚖️ Legal holding
A tenant must pay rent arrears and compensation for failing to clean and remove rubbish from the premises at the end of the tenancy.
📖 What the law says
This section states that a tenant must pay rent when it is due. It also requires a tenant to keep the rented property reasonably clean and tidy, and 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 compensation for leaving the premises in an untidy state.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $2,082.84 to the landlord for rent arrears and compensation for leaving the premises in an untidy state without cleaning or removing rubbish.
📚 Full judgment Official document
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[2025] NZTT 5224794
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat 13, 3 Youth Street, Mount Roskill, Auckland 1041
ORDER
1. [NAME] must pay [COMPANY] $2,082.84 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears $26.15 Rubbish removal: outside $820.60 Rubbish removal: inside $832.54 Cleaning $455.85 Total award $2,108.99 $26.15 Net award $2,082.84 Total payable by Tenant to Landlord $2,082.84
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 to the number provided to the Tribunal.
2. The tenant has been served by email which is an address for service on her tenancy agreement. 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.
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3. The landlord has applied for rent arrears and compensation following the end of the tenancy.
How much is owed for rent?
4. The tenant gave 28 days notice to end the tenancy on 14 January 2025. The end of tenancy date was 11 February 2025.
5. The tenant did not return the keys on this date, or any other. On 11 February 2025, a housing support manager from [COMPANY] visited the property. The representative today was unable to provide any information as to what the housing support manager encountered on that occasion.
6. [COMPANY] is claiming rent arrears of $762.71 until 4 March 2025.
7. The best information before me today is that the tenancy ended at the end of the notice period, 11 February 2025. According to the rent summary, on this date the tenant was $26.15 in rent credit.
8. I find this amount proved and deduct this from the awards for the other claims.
Did the tenant comply with their obligations at the end of the tenancy?
9. 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
10. At the end of the tenancy, the tenant did left a large amount of rubbish and belongings of no value inside and outside the premises. No cleaning had been undertaken. [COMPANY] produced photographs and a schedule of costs for the work undertaken.
11. The amounts ordered are proved.
[NAME]
05 June 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's claim for rent arrears was partially offset by a credit the tenant had.
- The landlord was awarded costs for removing rubbish from inside the premises.
- The landlord was awarded costs for removing rubbish from outside the premises.
- The tenant failed to attend the hearing, so it proceeded without them.
❌ Tends to be rejected
- The landlord's claim for rent arrears until March 4, 2025, was not fully accepted.
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 $2,082.84 to the landlord for rent arrears and compensation for leaving the premises in an untidy state without cleaning or removing rubbish.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and to clean and remove rubbish from the premises at the end 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 because the tenant failed to clean and remove rubbish from the premises at the end of the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 40 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant failed to clean and remove rubbish from the premises at the end of the tenancy.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they clean and remove rubbish from the premises at the end of the tenancy to avoid having to pay rent arrears and compensation.
What evidence or documents mattered?
Photographs and a schedule of costs for the work undertaken by the landlord were presented as evidence.