Bond Released Partially for Rubbish Removal Claim
📌 In brief
The Tenancy Tribunal partially released the tenant's bond due to the landlord's claim for rubbish removal. The claim for cleaning was dismissed as the premises were found to be reasonably clean and tidy.
⚖️ Legal holding
A tenant is entitled to have the bond released if the premises were left in a reasonably clean and tidy condition.
📖 Technical summary
The Tribunal awarded part of the landlord's claim for rubbish removal and dismissed the claim for cleaning.
📜 Headnote Official document
The Tenancy Tribunal awarded part of the landlord's claim for rubbish removal and dismissed the claim for cleaning, finding the premises left in a reasonably clean and tidy condition.
📚 Full judgment Official document
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[2025] NZTT 5133348, 5095968
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. [COMPANY] is to pay the bond of $1,400.00 (5272285-028) immediately apportioned as follows:
[COMPANY] - As Agent For [NAME]: $58.98
[NAME]: $1,341.02
Description Landlord Tenant Rubbish removal $58.98 Total award $58.98 Bond $58.98 $1,341.02
Reasons:
1. Both parties attended the hearing by telephone.
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2. The tenant applied for release of the bond.
3. The landlord claimed for the cost for rubbish removal. There are two bins at the residence that are available for use by the residents of the six units. The landlord has produced photographs of the two bins which shows rubbish inside and a pile of boxes and a laundry rack behind it.
4. There is also a photograph of the rubbish bins for the tenant’s unit although the tenant’s evidence is that he was not told about these bins.
5. Regardless of what the tenant was advised for rubbish disposal the landlord is claiming that the communal bins are full of the tenant’s rubbish. I have no way of determining whether this is accurate.
6. I accept that the boxes and the laundry rack is more likely than not the tenant’s rubbish. He did acknowledge that he had put the boxes in the communal bins, but they were removed.
7. I have decided to award half of the claim against the tenant for rubbish removal.
8. The landlord claimed for the cost of cleaning. The exit inspection report was produced. It is not clear from the photographs that the premises were not left in a reasonably clean and tidy condition. The cleaning invoice includes ceiling mould removal and lightshade cleaning, but no photographs were produced for these.
9. Based on the evidence produced I am not satisfied that further cleaning was required above the tenant leaving the premises in a reasonably clean and tidy condition. The claim for cleaning is dismissed.
10. As both parties have had some success with their application I make no award for reimbursement of the filing fee.
[NAME]
26 March 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 acknowledged putting boxes in the communal bins, but they were removed.
- The exit inspection report suggested the premises were left in a reasonably clean and tidy condition.
❌ Tends to be rejected
- The landlord claimed the communal bins were full of the tenant’s rubbish, but there was no way to verify this claim.
- The landlord requested compensation for cleaning based on an unclear exit inspection report and a cleaning invoice without supporting photos.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
Part of the landlord's claim for rubbish removal was allowed, while the claim for cleaning was dismissed.
What was the dispute about?
The dispute was over the release of the tenant's bond and claims for rubbish removal and cleaning.
How did the court decide, and why?
The court decided to award part of the landlord's claim for rubbish removal because the evidence suggested it was the tenant's responsibility. The cleaning claim was dismissed as the premises were left in a reasonably clean and tidy condition.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The argument that mattered most was the evidence showing the premises were left in a reasonably clean and tidy condition, which supported dismissing the cleaning claim.
Was the decision for or against the person who brought the case?
The decision was partly for and partly against the person who brought the case, as part of the landlord's claim was allowed and the cleaning claim was dismissed.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that the premises are left in a reasonably clean and tidy condition to avoid disputes over cleaning claims.
What evidence or documents mattered?
Photographs of the premises and the exit inspection report were important pieces of evidence.