Tenant ordered to pay rent arrears and pest control costs
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears, pest control costs, and a filing fee reimbursement to the landlord. The decision emphasises the tenant's responsibility to maintain the property and pay outstanding rent.
⚖️ Legal holding
A tenant is required to pay rent arrears and comply with obligations at the end of a tenancy.
📖 What the law says
This section states that a tenant must pay rent when it is due according to their tenancy agreement. It also requires a tenant to keep the premises reasonably clean and tidy during the tenancy. At the end of the tenancy, the tenant must leave the premises in a reasonably clean and tidy condition and remove all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenants to pay rent arrears, pest control costs, and a filing fee reimbursement.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears, pest control costs, and a filing fee reimbursement to the landlord. The Tribunal found that the tenant was responsible for leaving the premises reasonably clean and paying for pest control.
📚 Full judgment Official document
__________________________________________________________________________________ 5127708 1
[2025] NZTT 5127708
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
2. [NAME] and [NAME] must pay [The landlord/s] $5,684.50 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 15 November 2024 $8,010.00 Rent arrears 16 November - 13 December 2024 $240.00 Pest control $287.50 Filing fee reimbursement $27.00 Total award $8,564.50 Bond $2,880.00 Total payable by Tenant to Landlord $5,684.50
3. [COMPANY] is to pay the bond of $2,880.00 ([Bond number suppressed]) to [The landlord/s] immediately.
__________________________________________________________________________________ 5127708 2
Reasons:
1. Both parties attended the hearing.
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 on 13 December 2024. The landlord provided rent records which prove the amount owing to 15 November 2024.
4. The parties said there was an agreement between the owner and the tenants that rent for the last four weeks of the tenancy would be reduced to $500 a week, provided that the tenants paid the $500 every week. The property manager submitted that the payments were irregular and short, so the full rent should be charged. The tenant replied that he was paid fortnightly and sick in the last month, so the payments could not be made weekly. He said he had explained everything to the owner who was happy with the payments.
5. This is the landlord’s claim to prove. The property manager did not have any supporting evidence from the owner that the tenant was advised the agreement for $500 a week was withdrawn. I am not more persuaded by the landlord’s evidence so the claim for full rent for the last month is not proved.
6. I have calculated the rent owed from 16 November - 13 December 2024 at $500 a week, less the money paid by the tenants.
Did the tenants comply with their obligations at the end of the tenancy?
7. At the end of the tenancy the tenants must leave the premises reasonably clean and tidy. This includes any treatment for pests. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
8. The landlord has claimed the cost of a flea treatment at the end of the tenancy because the cleaner and the handyman were bitten by fleas as they worked in the house. The tenants did not agree to the claim because there were no fleas when they lived there, and they did not have pets. This is the landlord’s claim to prove. It seems unlikely to me the landlord would pay $287.50 for a flea treatment that was not needed. I am more persuaded by the landlord’s evidence. The amount ordered is proved.
Other orders
9. Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
__________________________________________________________________________________ 5127708 3
10. The landlord’s application for suppression is allowed because the landlord is the most successful party. The tenants’ names will be published because there is public interest when tenants owe money at the end of a tenancy. See section 95A RTA.
[NAME] 13 March 2025
__________________________________________________________________________________ 5127708 4
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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord successfully claimed rent arrears based on provided records.
- The landlord proved the necessity of a pest control treatment at the end of the tenancy.
- The landlord was reimbursed for the filing fee due to the success of the claim.
❌ Tends to be rejected
- The landlord's claim for full rent for the last month was not proved due to lack of supporting evidence.
- The tenant's argument that rent was agreed to be reduced to $500 a week was partially accepted, reducing the rent owed.
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 rent arrears, pest control costs, and a filing fee reimbursement to the landlord.
What was the dispute about?
The dispute was about the tenant's obligation to pay rent arrears and comply with pest control requirements at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the specified amounts because they failed to comply with their obligations at the end of the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 95A were applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's failure to comply with the requirement to leave the premises reasonably clean and to pay for pest control.
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?
For someone in a similar situation, it means they must ensure they comply with all their obligations at the end of a tenancy, including paying rent arrears and addressing pest control issues.
What evidence or documents mattered?
The evidence that mattered included rent records and the cost of pest control treatment.
