Landlord wins cleaning costs but loses storage claims at Tenancy Tribunal
📌 In brief
In this case, a landlord successfully recovered costs related to cleaning and removing waste at the end of a tenancy but was not awarded reimbursement for storing items left behind. The Tenancy Tribunal ruled that such storage is unnecessary if there are no valuable items.
⚖️ Legal holding
A landlord is entitled to reimbursement for reasonable costs incurred in cleaning and removing waste at the end of a tenancy, but not for unnecessary storage costs.
📖 What the law says
This section states that a tenant must keep the rental property reasonably clean and tidy. When the tenancy ends, the tenant must leave the property in a reasonably clean and tidy condition and remove all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant successfully recovered costs for cleaning and rubbish removal but failed to recover storage costs.
📜 Headnote Official document
The claimant sought compensation for various end-of-tenancy expenses, including cleaning and rubbish removal. The Tenancy Tribunal allowed the claims for cleaning and waste disposal but dismissed the storage cost claim due to lack of necessity.
📚 Full judgment Official document
OUTCOME: Allowed in Part
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[2026] NZTT 5415890
TENANCY TRIBUNAL AT HUTT VALLEY | TE TARAIPIUNARA RETIHANGA KI TE AWAKAIRANGI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [RESPONDENT] and [NAME] [RESPONDENT] must pay [APPELLANT] $7,706.29 immediately, calculated as shown in table below.
Description Landlord Tenant Rubbish removal: from unit $3,181.00 Rubbish removal: skips and labour to load $3,182.29 Cleaning $1,120.00 Carpet Cleaning $195.00 Filing fee reimbursement $28.00 Total award $7,706.29 Total payable by Tenant to Landlord $7,706.29
2. All other claims are dismissed.
Reasons:
1. The landlord attended the hearing. The tenants did not attend and did not answer the calls I made to their phones.
2. The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The questions I have to decide include:
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• Can the landlord claim the cost of storage?
• Did the tenants comply with their obligations at the end of the tenancy?
• Are the tenants responsible for damage to the premises?
Can the landlord claim the cost of storage?
3. The landlord provided me with photos showing the belongings and rubbish left at the end of the tenancy. The landlord’s evidence is that the tenants removed a lot of their belongings before getting overwhelmed and walking away. Every room in the unit was piled high and there was very little room to walk between the piles left behind. There was some perishable rubbish which was disposed of. The landlord removed everything else to a storage unit on another site and has claimed the cost of storing the belongings at a rate of $80 a week.
4. Sections 62 and 62A of the Residential Tenancies Act 1986 (RTA) deal with the disposal of items left at the end of the tenancy. The landlord is required to make an assessment of market value, which is the value of each item left. If the value of the item is below the cost of storing, transporting and selling then the landlord may dispose of the item. Any items of value must be securely stored for a period of time and then sold.
5. I accept the landlord had a difficult job because of the volume of rubbish and items left behind. However, I do not accept that the only way to deal with the situation was to carefully collect everything, put it on a truck, take it to a storage unit, and claim the cost of all that from the tenants.
6. I have carefully examined all the photos taken at the end of the tenancy. I cannot see one item of value in the photos. I find the landlord should have removed all the belongings from the unit and loaded them into skips. There was no legal requirement to store rubbish and items of no value. The claim for the cost of storage is dismissed.
Did the tenants comply with their obligations at the end of the tenancy?
7. Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) RTA.
8. The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
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9. There is a large claim for cleaning and rubbish removal. Landlord provided me with good photos showing the need for cleaning. I accept that carpet cleaning was also required. The claims for cleaning are allowed in full.
10. The claim for rubbish removal is also allowed. I have reduced the claim to take into account the unnecessary trips to the storage unit.
Are the tenants responsible for the damage to the premises?
11. There is a large claim for repairing damage at the end of the tenancy and for replacing the carpet. The landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. See sections 40(2)(a), 41 and 49B RTA.
12. The tenancy agreement I was provided with records that this tenancy started in November 2023. The landlord said the photos showing the condition at the start of the tenancy were taken in 2021, just after the unit was redecorated. When I asked why there were no photos showing the condition at the start of this tenancy the landlord said the tenant moved into the unit in 2021 but there was a change of tenants, and a new tenancy agreement signed in 2023. I find the landlord has not proved the damage happened during this current tenancy, with these tenants.
13. The claims for light bulbs is not allowed because there is no proof they were all working at the start of the tenancy.
14. All claims relating to damage are dismissed.
Filing fee
15. Because the landlord 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 [NAME] 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 Ordered to Pay Rent Arrears; Cleaning Claim Rejected
- Tenancy Tribunal Tribunal Awards Water Rate Refund and Minor Repairs in Tenancy Dispute
- Tenancy Tribunal Tenants Ordered to Pay Cleaning Costs at End of Tenancy
- Tenancy Tribunal Tenancy Tribunal Decision: Cleaning Costs and Damage Liability
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Water Rates and Repairs
- Tenancy Tribunal Tenant Ordered to Pay Rent and Water Rates Arrears After Non-Compliance
- Tenancy Tribunal Tenant Must Repay Rent Arrears or Face Eviction
- Tenancy Tribunal Tenant Wins Damages for Heating Failure and Quiet Enjoyment Breach
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
- Tenant complies with obligations to return premises reasonably clean and tidy.
- Landlord entitled to reimbursement for reasonable costs incurred in cleaning and removing waste at the end of tenancy.
- Tenant must pay outstanding rent and comply with other financial obligations.
- Tenant is responsible for damage exceeding fair wear and tear during their occupancy.
- Tenant must leave keys and security devices as required by agreement.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The claimant successfully recovered costs related to cleaning and waste removal, but the storage cost claim was dismissed.
Who was involved?
A landlord (the claimant) and two tenants were involved in a dispute over end-of-tenancy obligations.
How did the court decide, and why?
The court allowed claims for cleaning and waste removal but dismissed storage costs as unnecessary given no valuable items were stored.
Which laws or rules were applied?
Sections 40(1)(c) and (e)(iii) of the Residential Tenancies Act 1986 were cited in relation to end-of-tenancy obligations.
What was the argument that mattered most?
The claimant's evidence showed significant waste at the property, but the court found storage unnecessary without valuable items.
Was the decision for or against the person who brought the case?
The decision was partially in favour of the landlord, allowing some claims while dismissing others.
What does this mean for someone in a similar situation?
Landlords should focus on reasonable measures like cleaning and waste removal rather than unnecessary storage costs.
What evidence or documents mattered?
Photos showing the condition at the end of tenancy were crucial to the decision.
Can a decision like this be appealed?
Yes, decisions can be appealed within 10 working days if there are grounds for appeal.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer for specific guidance on your situation.