Body Corporate Can Recover Cleaning Costs from Unit Owner

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[2026] NZTT 9077864

TENANCY TRIBUNAL AT NORTH SHORE | TE TARAIPIUNARA RETIHANGA KI ŌKAHUKURA

APPLICANT: [redacted]

RESPONDENT: [redacted] [NAME]

ORDER

1. [NAME] must pay [NAME] $125.00 towards

[COMPANY]’ invoice number 2287490

dated 2 February 2026.

2. [NAME] is not liable to pay any of the balance of the just

mentioned invoice.

REASONS:

1. [NAME] attended the hearing for himself at the North Shore District Court.

2. [NAME], the [NAME]’s chairperson attended for the [NAME] by telephone.

Background

3. The unit owner’s property manager had tramped in mud onto the complex’s amin

lobby, lift and a hallway’s carpet.

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4. The [NAME]’s building manager invoiced the [NAME]’s manager,

[NAME], $250.00 for the carpet cleaning required to remove the mud.

5. [NAME] is concerned he was treated differentially from other unit owners and

that his property manager was not given the opportunity to carry out the cleaning.

Discussion and decision

6. Rule 7.1.1 of the [NAME] rules provides among other things that owners:

must not leave rubbish, recycling material, dirt or other material on the Common Property except in the Rubbish Storage Area

7. The rule could be more explicit (for example, the rule might say “must not soil or

dirty the Common Property”), but it is virtually self-evident that unit owners, their

agents, and their tenants must not soil or dirty the common area. Even if there

were no written rule, it would be implied.

8. Body corporates must maintain the common property.1 That duty extends to

keeping the common property clean. The [NAME] can recover any

reasonable expense it incurs to remedy any negligent act or omission of the unit

owner to fulfil its duties.2

9. There appears to have been a communication breakdown between [NAME] and

[NAME] which underlies this application.

10. The unit owner’s property manager’s soiling of the carpet was a negligent act.

The [NAME] incurred a reasonable expense of $250.00 to remedy the

uncleanliness.

11. During the hearing [NAME] offered to reduce the amount that [NAME] had to

pay to $125.00, which [NAME] accepted.

12. The Tribunal orders accordingly.

13. [NAME] would be well within his rights to seek reimbursement from his property

manager.

14. There were indications that [NAME] and [NAME] can put this matter behind

then and communicate more constructively.

1 Unit Titles Act 2010 s 138(1)(a). 2 Unit Titles Act 2010 s 127.

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15. The Tribunal wishes the parties well in that regard.

R Kee 16 June 2026

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Please read carefully:

SHOULD YOU REQUIRE ANY HELP OR INFORMATION REGARDING THIS [COMPANY] [PHONE].

MEHEMA HE PĀTAI TĀU E PĀ ANA KI TENEI TAKE, PĀTAI ATU KI TE [COMPANY] [PHONE].

AFAI E TE MANA’OMIA SE FESOASOANI E UIGA I LENEI MATAUPU FA’AMOLEMOLE IA FA’AFESO’OTAI’I LOA LE OFISA O LE [COMPANY] [PHONE].

Rehearings:

You may make an application to the Tenancy Tribunal for a rehearing. Such an application must be made within five working days of the order and must be lodged at the Court where the dispute was heard.

The only ground for a rehearing of an application is that a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur. Being unhappy or dissatisfied with the decision is not a ground for a rehearing. (See ‘Right of Appeal’ below).

Right of Appeal:

If you are dissatisfied with the decision of the Tenancy Tribunal, you may appeal to the District Court. You only have 10 working days after the date of the decision to lodge a notice of appeal.

However, you may not appeal to the District Court:

1. Against an interim order made by the Tribunal. 2. Against an order, or the failure to make an order, for the payment of money where the

amount that would be in dispute on appeal is less than $1,000. 3. Against a work order, or the failure to make a work order, where the value of the work

that would be in dispute on appeal is less than $1,000.

There is a $200.00 filing fee payable at the time of filing the appeal.

Enforcement:

Where the Tribunal made an order that needs to be enforced then the party seeking enforcement should contact the Collections Office of the District Court on [PHONE] or go to www.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.

http://www.justice.govt.nz/fines/civil-debt