Tenant Ordered to Pay Rent Arrears and Costs
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay the landlord rent arrears, utility bills, and cleaning fees after leaving the property early without giving proper notice.
⚖️ Legal holding
A tenant is required to pay rent arrears and cover costs related to the property's condition upon termination 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 tidy, and leaving the premises in a clean condition with all rubbish removed when the tenancy ends.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay the landlord various costs including rent arrears, utility bills, and cleaning fees.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord various costs including rent arrears, utility bills, and cleaning fees after the tenant left the property early without proper notice.
📚 Full judgment Official document
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[2025] NZTT 5200871
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], One Tree Point, One Tree Point 0118
ORDER
1. [NAME] and [NAME] must pay [COMPANY] $5,270.05 immediately, calculated as shown in table below.
2. This order incorporates the Tribunal order made on 7 February 2025 under application 5130550.
Description Landlord Tenant Previous order application 5130550 dated 07/02/2025 $4,288.60 Water rates: Final $40.56 Power $111.16 Lock/key replacement $352.73 Carpet Cleaning $300.00 Cleaning $150.00 Filing fee reimbursement $27.00 Total award $5,270.05 Total payable by Tenant to Landlord $5,270.05
Reasons:
1. [NAME] attended today’s hearing for the landlord. The tenants were called on the telephone numbers in the application and another telephone number that [NAME] had for them. None of the calls were answered. The tenants did not
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attend by video. I am satisfied that the tenants have been informed of today’s hearing and therefore have proceeded in their absence.
2. On 7 February 2025 the Tribunal made an order terminating the tenancy and for rent arrears to 9 February 2025, water rates and the filing fee. The Tribunal also ordered a refund of the bond to the landlord. The landlord has received the bond leaving the amount outstanding under that order as $4,288.60. The previous order is incorporated into this order for enforcement purposes.
3. The landlord now seeks the following costs:
a. The final water account of $40.56
b. Power account for January to March of $111.16
c. Change of locks $352.73
d. Carpet cleaning $300.00
e. Cleaning $150.00
f. Filing fee $27.00
4. The tenants were on a fixed term tenancy due to end on the 9 February 2024. Sometime before December 2024 the tenants left the property and moved to Australia. An inspection report completed on the 11 December shows the house empty and the property has been cleaned.
5. As the landlord had not given permission for the tenants to leave their tenancy, the tenants remined liable for rent until the end of the tenancy.
6. The landlord correspondence with the tenants during December and January and visited the property. The landlord tells me that during December and January someone was staying at the property from time to time. The tenants still had access to the property and continued to pay rent.
7. The landlord conducted a final inspection on the 7 February, after the tenancy terminated and made handwritten notes of the report which she gave to me as evidence. Those notes record that there are multiple small stains in the carpet and whilst the property was generally clean, the blinds in the lounge and master bedroom needed cleaning as did the exhaust fans in the bathroom x 2 and the kitchen.
Cleaning
8. 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.
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9. I am satisfied that the landlord had to undertake a small amount of cleaning to bring the property up to a reasonable standard and I award the landlord the cleaning cost incurred.
Carpet cleaning
10. I am also satisfied that the carpet needed cleaning. Whilst photographs of the carpet in the rooms in the inspection report of the 11 December 2024 appears to show the carpet in good condition, [NAME] told me that there were multiple food and drink stains and gave me up close photographs of the specific stains that supported her submission. [NAME] was the property manager throughout the tenancy and I accept that stains occurred during this tenancy. I award the landlord the cost of carpet cleaning.
Power
11. As the landlord was showing the property to potential tenants (to try and release the tenants) the landlord kept the power on. It was also necessary for the landlord to keep the power on in order to complete cleaning. I am satisfied that the tenants should pay this account and award the amount owing.
Water.
12. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy. The landlord conducted a final check of the water meter and did a manual calculation based on the usual water charges I am satisfied that the tenant owes $40.56 in water.
Keys and locks
13. The tenant did not return all the keys and remotes. As a result, the landlord had to change the locks. I award the landlord the cost of changing the locks and new remotes.
Filing fee
14. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
T Prowse
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21 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 tenant must pay rent arrears as they remained liable for rent until the end of the tenancy.
- The landlord is entitled to the cost of changing locks and providing new remotes since the tenant did not return all keys.
- The tenant must cover the cost of carpet cleaning due to multiple food and drink stains found on the carpets.
- The tenant owes the final water bill amount as proven by the landlord's invoices and calculations.
- The tenant must pay the power bills incurred while the landlord showed the property to potential tenants and completed cleaning.
❌ Tends to be rejected
- The tenant's argument that they were not responsible for rent arrears after moving to Australia was not accepted.
- The tenant's claim that the property was left in a clean state was rejected based on the inspection report and the landlord's evidence.
- The tenant's argument against paying for cleaning costs was dismissed as the property required minor cleaning to meet reasonable standards.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenant to pay the landlord various costs including rent arrears, utility bills, and cleaning fees.
What was the dispute about?
The dispute was about the tenant leaving the property early without giving proper notice and the resulting costs such as rent arrears and cleaning fees.
How did the court decide, and why?
The court decided that the tenant must pay the landlord the specified costs because the tenant left the property early without proper notice and the property required cleaning.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 40(1)(e), was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was responsible for the costs associated with the property's condition upon termination 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 provide proper notice and leave the property in a reasonable state of cleanliness to avoid having to pay additional costs.
What evidence or documents mattered?
Evidence included inspection reports, utility bills, and the landlord's handwritten notes of the property's condition.