Tenant Ordered to Pay Rent Arrears and Costs at End of Tenancy
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and compensate the landlord for cleaning and removing rubbish at the end of the tenancy. The landlord showed that the premises were left in poor condition and required extensive cleaning and rubbish removal.
⚖️ Legal holding
A tenant is liable for rent arrears and costs associated with cleaning and removing rubbish at the end of a 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 compensate the landlord for cleaning and rubbish removal costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate the landlord for cleaning and rubbish removal costs at the end of the tenancy. The landlord provided evidence showing the premises were not left clean and tidy, and large amounts of rubbish were left behind.
📚 Full judgment Official document
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[2025] NZTT 5178872
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. Kilistina Siaosi must pay [COMPANY] $4,238.75 immediately, calculated as shown in the table below.
Description Landlord Tenant Rent arrears to 8.1.2025 $804.86 Cleaning $678.61 Rubbish removal: interior $605.48 Rubbish removal: exterior - garage $2,461.80 Total award $4,550.75 less Bond $312.00 Total payable by Tenant to Landlord $4,238.75
2. The [COMPANY] is to pay the bond of $312.00 (3053892-008) to Kāinga Ora– Homes and Communities immediately.
Reasons:
1. Only the landlord, represented by [NAME], attended the hearing, which was conducted via teleconference. Three attempts were made to contact the tenant,
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and on each occasion, the call went to voicemail. As the tenant has been notified, the hearing proceeded.
2. The landlord has applied for rent arrears, compensation, and payment from the bond, following the end of the tenancy. The bond is currently held in the names of two tenants, but the landlord has evidence to show that the tenancy is now in the name of the current tenant only. The landlord understands the previous tenant has no claim over the bond.
How much is owed for rent?
3. The tenancy ended on 8 January 2025, after the tenant gave notice to the landlord. The landlord provided rent records 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) of the Residential Tenancies Act 1986 (the RTA). The landlord seeks cleaning and rubbish removal costs, which are considered below.
Cleaning
5. The evidence shows that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photographs and detailed inspection reports showing the condition of the premises at the start and end of the tenancy. The photographs show that the interior of the house required cleaning. I am satisfied that the landlord has established the claimed cleaning cost, as awarded above.
Rubbish removal
6. At the end of the tenancy there were large items, including mattresses, furniture, an outdoor picnic table, household goods, construction material and other rubbish left at the premises, which the landlord had to arrange for removal and disposal. The landlord’s maintenance work order was provided. This shows that 4 cubic metres of rubbish was removed from the interior of the premises, 15 cubic metres from the garage, and 19 cubic metres from the exterior.
7. The landlord has explained that an error was made when advising the tenant of her liability for costs at the end of the tenancy. The landlord seeks an additional $3,118.28, for the 19 cubic metres of exterior rubbish, which was mistakenly left
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out of the calculation. In the absence of further and more detailed evidence in support, and evidence that the tenant has been informed of the additional amount sought, this cost is declined. As explained, the tenant was not provided with this information in the landlord’s application, where the total costs sought for cleaning and rubbish removal was stated to be $3,745.89. The tenant was previously advised of this amount in a letter from the landlord dated 21 February 2025 titled “Statement of final account for [ADDRESS], Manurewa, Manukau.”
8. Therefore, while the landlord has established that the tenant is liable for rubbish removal costs, the amount awarded is limited to the costs previously advised to the tenant, as awarded above.
Filing fee
9. While successful, the landlord does not seek the filing fee.
V Pasupati
10 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 tenant owes rent arrears as proven by the landlord's rent records.
- The tenant is responsible for leaving the premises reasonably clean and tidy.
- The landlord incurred costs for cleaning due to the tenant's failure to clean properly.
- The landlord had to remove and dispose of large items of rubbish left by the tenant.
❌ Tends to be rejected
- The landlord's request for additional costs related to exterior rubbish removal was denied due to lack of detailed evidence.
- The tenant was not informed of the additional amount sought for exterior rubbish removal before the hearing.
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 rent arrears and compensate the landlord for cleaning and rubbish removal costs.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and to leave the premises clean and free of rubbish at the end of the tenancy.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant failed to comply with their obligations at the end of the tenancy, leaving the premises in poor condition.
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 most important argument was that the tenant did not leave the premises clean and tidy and did not remove all rubbish as required by the Residential Tenancies Act.
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 leave the premises clean and tidy and remove all rubbish at the end of the tenancy to avoid such costs.
What evidence or documents mattered?
Photographs and detailed inspection reports showing the condition of the premises at the start and end of the tenancy were crucial evidence.