Tenancy Tribunal Rejects Full Cleaning Claim
📌 In brief
The Tenancy Tribunal dismissed the landlord's claim for full internal house cleaning, ruling that the property was left reasonably clean and tidy. The landlord failed to provide sufficient evidence to prove that the property needed such extensive cleaning.
⚖️ Legal holding
A tenant is not required to leave the premises in a condition that necessitates commercial-level cleaning unless there is evidence of damage or neglect beyond fair wear and tear.
📖 What the law says
This section states that a tenant must keep the rented property reasonably clean and tidy during their tenancy. When the tenancy ends, the tenant must leave the property in a reasonably clean and tidy condition and remove all their belongings and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal dismissed the landlord's claim for full internal house cleaning, finding insufficient evidence to meet the legal standard.
📜 Headnote Official document
The Tenancy Tribunal dismissed the landlord's claim for full internal house cleaning, finding insufficient evidence to meet the legal standard set by the Residential Tenancies Act 1986. The claimant argued that the property was left reasonably clean and tidy, and the lack of visual evidence supported their position.
📚 Full judgment Official document
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[2025] NZTT 4950215
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] $1,390.86 immediately, calculated as shown in the table below.
Description Landlord Tenant Water rates (agreed by consent) $52.36 Carpet fix (agreed by consent) $150.00 Gate remote controller replacement (agreed by consent)
$115.00
New key cut (agreed by consent) $15.00 Rubbish removal (agreed by consent) $464.00 Lawn mowing (agreed by consent) $50.00 Cabinet door repair (agreed by consent) $172.50 Carpet cleaning $345.00 Filing fee reimbursement $27.00 Total award $1,390.86 Total payable by Tenant to Landlord $1,390.86
2. The claim for house cleaning ($761.50) is dismissed.
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Reasons:
1. This matter was heard on 26 February 2025 by teleconference. Both parties attended.
2. The landlord had filed a claim for unpaid water rates and compensation following the end of the tenancy. Some claims were resolved by agreement at an earlier case conference on 16 October 2024, while others remained in dispute.
Claims Agreed by Consent
3. At the 16 October 2024 case conference, the tenant agreed to pay the following amounts:
• Water rates: $52.36
• Carpet fix: $150.00
• Gate remote controller replacement: $115.00
• New key cut: $15.00
• Rubbish removal: $464.00
4. At the hearing, the tenant also agreed to the following further claims:
• Lawn mowing: $50.00
• Cabinet door repair: $172.50
5. These amounts are therefore awarded by consent.
Legal Framework
6. Under Section 40(1)(e)(ii) of the Residential Tenancies Act 1986, tenants are required at the end of the tenancy to leave the premises “reasonably clean and reasonably tidy.” This obligation does not extend to commercial-grade or professional cleaning unless required to remedy damage or neglect beyond fair wear and tear.
7. Section 40(2)(a) further provides that tenants must not intentionally or carelessly damage, or permit any other person to damage, the premises.
8. The onus is on the landlord to prove any breach and to justify any claim for compensation, usually by way of invoices, reports, and where appropriate, photographs or other corroborating evidence.
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Disputed Claims
House Cleaning – $761.50
9. The landlord seeks $761.50 for full internal house cleaning. An invoice and two emails from the professional cleaners were provided. The report described in detail the extent of cleaning, including mould, spider webs, oily walls, and heavy dust. The cleaners described the house as being in a poor state and not suitable for living. The cleaning allegedly took 8.83 hours. However, the landlord did not provide photographs showing the condition of the premises at the end of the tenancy.
10. The tenant disputed the claims, stating they cleaned the property before vacating and that they did not use the downstairs bathroom, nor the dishwasher or microwave. They challenged the reliability of the cleaning reports from the professional cleaners in the absence of corroborating visual evidence.
11. While the cleaners’ descriptions were detailed and credible, the standard required under Section 40(1)(e)(ii) RTA is “reasonably clean and tidy”—not a commercial or forensic level of cleanliness. Without photographs or a property inspection report to confirm the poor condition alleged, there is insufficient independent evidence to support that the tenant breached her obligations.
12. The claim for $761.50 for house cleaning is dismissed. The landlord has not met the evidentiary threshold to prove the property was left in a condition that required this level of professional intervention, or that it exceeded the tenant’s legal obligations under the Act.
Carpet Cleaning – $345.00
13. The landlord claims $345.00 for professional carpet cleaning due to pet odour. An invoice was submitted.
14. The tenant admitted having two dogs at the premises but stated they were house-trained and did not urinate or defecate indoors.
15. Having pets on the premises does not automatically require the tenant to have carpets professionally cleaned unless there is evidence of damage or residual odour. However, it is common practice, and often reasonable, for landlords to require carpets to be cleaned at the end of a tenancy involving pets to restore the premises to a reasonably clean and neutral state for incoming tenants.
16. Even though there is no evidence of stains or waste, the landlord’s evidence of odour combined with the acknowledged presence of pets is sufficient to justify the cleaning cost. The invoice supports the amount claimed and appears reasonable.
17. The claim for $345.00 for carpet cleaning is allowed.
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Filing fee
18. As the landlord has substantially succeeded with the claim, I have ordered the tenant to reimburse the filing fee.
J Setefano
24 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 [NAME] 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 agreed to pay for water rates, carpet fixes, and other minor damages.
- The landlord's claim for carpet cleaning due to pet odor was supported by evidence of odor and the presence of pets.
❌ Tends to be rejected
- The landlord's claim for full internal house cleaning was dismissed due to lack of independent evidence.
- The tenant's obligation to leave the premises only requires them to be "reasonably clean and reasonably tidy," not commercially cleaned.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal dismissed the landlord's claim for full internal house cleaning.
What was the dispute about?
The dispute was about whether the tenant was obligated to leave the rental property in a condition requiring full internal house cleaning.
How did the court decide, and why?
The court decided that the tenant was not required to leave the property in a condition necessitating full internal house cleaning, as the landlord did not provide sufficient evidence to meet the legal standard.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii) and 40(2)(a) were applied.
What was the argument that mattered most?
The argument that mattered most was the lack of independent evidence, such as photographs, to support the landlord's claim that the property was left in a condition requiring full internal house cleaning.
Was the decision for or against the person who brought the case?
The decision was for the tenant, who brought the case to challenge the landlord's claim.
What does this mean for someone in a similar situation?
This means that a tenant is not required to leave the premises in a condition that necessitates commercial-level cleaning unless there is evidence of damage or neglect beyond fair wear and tear.
What evidence or documents mattered?
The evidence that mattered included the lack of photographs or a property inspection report to confirm the poor condition alleged by the landlord.