Tenant Ordered to Pay Rent Arrears; Cleaning Claim Rejected
📌 In brief
In this case, the Tenancy Tribunal ordered the tenant to pay rent arrears and other costs to the landlord. However, the tribunal dismissed the landlord's claim for cleaning expenses because it was determined that the premises were left reasonably clean and tidy at the end of the tenancy.
⚖️ Legal holding
A tenant must leave premises reasonably clean and tidy at the end of a tenancy agreement.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the premises reasonably clean and tidy, and notifying the landlord of any damage or needed repairs. When the tenancy ends, the tenant must leave the premises in a reasonably clean and tidy condition, remove all their belongings and rubbish, and return the keys.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant successfully recovered rent arrears and costs from the respondent, but a cleaning claim was dismissed.
📜 Headnote Official document
The Tenancy Tribunal ruled that the tenant must pay rent arrears and costs but dismissed a claim for cleaning, finding premises left reasonably clean. The landlord provided evidence of rent arrears and non-return of keys.
📚 Full judgment Official document
OUTCOME: Allowed in Part
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[2026] NZTT 5419410
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [RESPONDENT] must pay [APPELLANT] $1,690.29 immediately as set out in the table below.
2. The [COMPANY] is to pay the bond of $2,340.00 (6307938-015) to [APPELLANT] [COMPANY] immediately.
Description Landlord Tenant Rent arrears 15 Dec 2025 $3,864.29 Lock/key replacement $138.00 Filing fee reimbursement $28.00 Total award $4,030.29 Bond $2,340.00 Total payable by Tenant to Landlord $1,690.29
3. The claim for cleaning is dismissed.
Reasons:
1. The landlord attended the hearing which was conducted by video conference. The tenant did not seek to be admitted to the hearing at the scheduled time. Because the tenant has been served notice of the hearing to her email address which is an address for service on the tenancy agreement, I am satisfied the
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service requirements of the Residential Tenancies Act, 1986, (the “RTA”) have been satisfied, and the hearing was conducted in her absence.
2. The tenant signed a one-year fixed-term tenancy agreement to end on 17 January 2026. On 17 November 2025 the tenant signed a change of tenant form releasing the other person from the tenancy. The tenant was then the only remaining tenant in the tenancy.
3. The tenant negotiated early release from the tenancy with the landlord. The date agreed on was 15 December 2025.
4. The landlord has provided rent records which prove the amount owing for rent arrears at the end of the tenancy was $3,864.29.
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 landlord said the tenant did not leave the premises reasonably clean and tidy. The landlord provided photographs which show the premises to not be left perfectly clean, including a small stain on the carpet.
7. When I consider the photographs of the premises in their entirety, I determine the premises have been left reasonably clean and tidy. That is to say that in between tenancies, a good landlord is likely to give a premises a deep clean, but this is not the standard required of an outgoing tenant.
8. The claim for cleaning is not proved.
9. The landlord said the tenant did not return keys one key and two swipe cards.
10. This claim and the amount ordered are proved.
11. [APPELLANT] has substantially succeeded with the claim I have reimbursed the filing fee.
[NAME]
03 June 2026
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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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenant loses case over unpaid rent: Tenancy terminated with debt order
- Tenancy Tribunal Tenant Ordered to Pay Damages for End-of-Tenancy Breach
- Tenancy Tribunal Tenants Ordered to Pay Rent and Water Arrears or Face Eviction
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Damages
- Tenancy Tribunal Landlord Granted Possession After Tenant's Abandonment
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Filing Fee
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears Before Vacating Property
- Tenancy Tribunal Tenant's Abandonment and Rent Arrears Lead to Termination
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Return Bond
- Tenancy Tribunal Tenant Must Pay Rent Arrears or Face Immediate Termination
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Repair Costs
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- A tenant must pay outstanding rent and related fees when found liable by the Tenancy Tribunal.| A tenant is responsible for paying all financial obligations including rent arrears, water rates, and damages incurred during tenancy.| A tenant must leave premises reasonably clean and tidy at the end of a tenancy agreement.| A tenant who abandons a rental property without reasonable excuse is liable for rent arrears and immediate eviction under the Residential Tenancies Act 1986.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay rent arrears to the landlord, but a claim for cleaning costs was dismissed.
Who was involved?
A landlord and a tenant were involved in a dispute over rent arrears and cleaning at the end of a tenancy agreement.
How did the court decide, and why?
The tribunal ruled that the tenant must pay rent arrears based on evidence provided by the landlord. The claim for cleaning was dismissed as the premises were left reasonably clean.
Which laws or rules were applied?
Section 40(1)(e) of the Residential Tenancies Act 1986 was applied to determine if the tenant had fulfilled their obligations at the end of the tenancy.
What was the argument that mattered most?
The landlord's evidence showing rent arrears and non-return of keys was crucial in determining the outcome.
Was the decision for or against the person who brought the case?
The decision was partly in favour of the landlord, with some claims dismissed.
What does this mean for someone in a similar situation?
Tenants should ensure they leave premises reasonably clean and return all keys to avoid disputes over cleaning costs.
What evidence or documents mattered?
Rent records and photographs showing the condition of the premises were important pieces of evidence.
Can a decision like this be appealed?
Yes, either party can appeal within 10 working days if they believe there was a substantial wrong or miscarriage of justice.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer to understand your rights and options.
