Landlord and tenants dispute bond apportionment - Tenancy Tribunal Decision
📌 In brief
The Tenancy Tribunal ruled that the bond should be split between the landlord and tenants, with the tenants paying $320 for carpet cleaning. The landlord's claim for replacing vinyl was dropped.
⚖️ Legal holding
A tenant is entitled to have the bond apportioned according to the condition of the premises at the end of the tenancy.
📖 What the law says
This section outlines what a tenant is responsible for, including paying rent, keeping the property reasonably clean and tidy, and leaving it in a similar condition when moving out. It also requires the tenant to remove all their belongings and rubbish at the end of the tenancy.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the bond to be apportioned between the landlord and tenants, with the tenants paying $320 for carpet cleaning.
📜 Headnote Official document
The Tenancy Tribunal ordered the bond to be apportioned between the landlord and tenants, with the tenants paying $320 for carpet cleaning. The landlord's claim for replacement vinyl was withdrawn.
📚 Full judgment Official document
__________________________________________________________________________________ 5476063 1
[2026] NZTT 5476063, 5489949
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
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] to pay [The landlord/s] $320.00 from the bond, calculated as shown in table below.
3. The Bond Centre is to pay the bond of $720.00 ([Bond number suppressed]) immediately apportioned as follows:
[The landlord/s]: $320.00
[NAME] and [NAME]: $400.00
Description Landlord Tenant Carpet Cleaning $320.00 Total award $320.00 Bond $320.00 $400.00
__________________________________________________________________________________ 5476063 2
Reasons:
1. Both parties attended the hearing which was conducted remotely. The tenants were accompanied by a support person.
2. The tenants have applied for a refund of the balance of bond remaining at the Bond Centre being $720.00. The landlord originally applied for compensation for carpet cleaning and replacement kitchen vinyl but at the hearing the claim for replacement vinyl was withdrawn. The property had been sold without the vinyl being replaced and this had been highlighted by the tenants in their application with photographs of a new listing of the property 5 days later still showing the burn mark in the vinyl.
Did the tenant comply with their obligations at the end of the tenancy?
3. 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.
4. The landlord claims that at the end of the tenancy the lounge carpet required cleaning and the removal of two stains.
5. The tenants acknowledge there were two stains, but they had cleaned the carpets. On more than one occasion they had requested to attend the final inspection and if they had been permitted, they believe they could have come to much more cost effective remedy for the stains and provided information relating to quotes they had received that were much cheaper than that charged by the landlords. Their main concern was they believed the cost was excessive.
6. The landed stated that when stain removal is undertaken the carpets do need cleaning afterwards to remove any of the chemicals that have been used to remove the stains. The tenancy ended on 22 March 2026 and the inspection was conducted on 23 March. There was some urgency for them to hand the property back to the owners as it had been sold.
7. There is no obligation on a landlord to give the opportunity to a tenant to remediate any defects found at the end of the tenancy although this might happen on occasion if time allows.
8. I find in this case that the amount claimed for stain removal and cleaning was reasonable and this cost is awarded.
9. As the tenants had a valid defence to the claim for the costs of replacement vinyl and this was one of the reasons they filed their application, I have therefore not awarded the filing fee to the landlord as it was in the end withdrawn at the hearing. However as the tenants have not been successful in
__________________________________________________________________________________ 5476063 3
defending their claim for carpet cleaning and stain removal suppression is not granted as requested.
J Robson 15 June 2026
__________________________________________________________________________________ 5476063 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, 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/
__________________________________________________________________________________ 5476063 5
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 tenants acknowledged the presence of stains but argued that they had already cleaned the carpets.
- The tenants provided information about cheaper quotes for stain removal, suggesting the landlord's charges were excessive.
- The landlord explained that after stain removal, carpets need cleaning to remove any residual chemicals.
❌ Tends to be rejected
- The tenants requested multiple times to attend the final inspection to address the stains more cost-effectively.
- The tenants believed that the landlord's charges for stain removal and carpet cleaning were unreasonable.
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 bond to be split, with the tenants paying $320 for carpet cleaning.
What was the dispute about?
The dispute was over the condition of the carpet at the end of the tenancy and the cost of carpet cleaning.
How did the court decide, and why?
The court decided that the tenants should pay $320 for carpet cleaning because the carpets needed cleaning after stain removal.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 40(1)(e)(ii)-(v) was applied.
What was the argument that mattered most?
The argument that mattered most was whether the cost of carpet cleaning was reasonable given the stains and cleaning process.
Was the decision for or against the person who brought the case?
The decision was partly for and partly against the tenants, as they had to pay for carpet cleaning but the landlord's claim for replacement vinyl was dropped.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that any cleaning costs are reasonable and supported by evidence, such as quotes.
What evidence or documents mattered?
Photographs of the property showing the burn mark in the vinyl and quotes for carpet cleaning were important evidence.