Tenant Ordered to Pay Rent Arrears and Filing Costs
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $4,867.34 for rent arrears, cleaning fees, and filing costs. This was due to the tenant's failure to clean the property and remove all rubbish at the end of the tenancy.
⚖️ Legal holding
A tenant must pay rent arrears, cleaning fees, and filing costs when they fail to comply with their obligations at the end 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 leaving it in a reasonably clean and tidy 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 rent arrears, cleaning fees, and filing costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears, cleaning fees, and filing costs after the tenant failed to comply with their obligations at the end of the tenancy. The landlord provided proof of the amount owing and the lack of compliance with end-of-tenancy requirements.
📚 Full judgment Official document
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[2025] NZTT 5171751
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] Agent For [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] [NAME] As Agent For [NAME] $4,867.34 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 30 January 2025 $3,865.71 Rubbish removal and cleaning $974.63 Filing fee reimbursement $27.00 Total award $4,867.34 Total payable by Tenant to Landlord $4,867.34
Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made at the scheduled time on the number provided to the Tribunal.
2. 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, compensation and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
4. The tenancy ended on 30 January 2025. 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?
5. 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.
6. The tenant left belongings and rubbish at the premises and did not undertake any end of tenancy cleaning.
7. The landlord produced photographs and an invoice in support of the information she provided orally.
8. The amounts ordered are proved.
9. [COMPANY] [NAME] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
30 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 tenant owes $3,865.71 for rent arrears as proven by the landlord's rent records.
- The tenant must pay $974.63 for leaving the premises unclean and failing to remove rubbish.
- The landlord is entitled to reimbursement of the filing fee of $27.00.
❌ Tends to be rejected
- The tenant did not provide any evidence or explanation for their failure to comply with end-of-tenancy obligations.
- The tenant did not attend the hearing and therefore could not present their side of the story.
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 the landlord $4,867.34 for rent arrears, cleaning fees, and filing costs.
What was the dispute about?
The dispute was about the tenant's failure to comply with end-of-tenancy obligations such as cleaning the property and removing rubbish.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not clean the property and remove rubbish as required by law.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 40(1)(e) was applied.
What was the argument that mattered most?
The most important argument was that the tenant had not complied with their end-of-tenancy obligations.
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 comply with all end-of-tenancy obligations to avoid financial penalties.
What evidence or documents mattered?
Photographs and an invoice supporting the landlord's claims were presented as evidence.