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Tenancy Tribunal Rules: Tenant Must Clean Premises Before Leaving

Case No. [2026] NZTT 5387604

📌 In brief

In this case, the Tenancy Tribunal decided that a tenant is responsible for leaving rental property in a clean state at the end of the tenancy agreement. The landlord was awarded compensation for necessary cleaning and rubbish removal due to the tenant's failure to meet these requirements.

⚖️ Legal holding

A tenant must leave premises reasonably clean and tidy, removing all rubbish upon termination of a lease agreement.

Topics

tenancy disputescleaning obligations

Provisions

📖 What the law says

Residential Tenancies Act 1986 s.40

This section outlines what a tenant is responsible for. It states that a tenant must keep the rented 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 was awarded damages for cleaning and rubbish removal after the tenant failed to comply with their obligations at the end of the tenancy.

📜 Headnote Official document

The Tenancy Tribunal ruled that the tenant must leave premises reasonably clean and tidy, removing all rubbish upon lease termination. The claimant was awarded damages for cleaning and rubbish removal after the tenant failed to comply with their obligations.

📚 Full judgment Official document

OUTCOME: Allowed

__________________________________________________________________________________ 5387604 1

[2026] NZTT 5387604

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [RESPONDENT] must pay [APPELLANT] [NAME] $1,522.36 immediately, calculated as shown in table below.

Description Landlord Tenant Cleaning $651.16 Rubbish removal: exterior $579.16 Rubbish removal: interior $136.13 Oven/stove cleaning $155.91 Total award $1,522.36 Total payable by Tenant to Landlord $1,522.36

Reasons:

1. The landlord attended the hearing which was held by video conference.

2. The tenant did not seek to be admitted to the hearing at the scheduled time nor seek an adjournment. The tenant was served notice of the hearing to his email. The landlord provided information that the tenant had confirmed in writing that his email address could be used as an address for service.

3. Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986, (the “RTA”) I conducted the hearing in the tenant’s absence.

__________________________________________________________________________________ 5387604 2

4. The landlord has applied for compensation for cleaning, oven cleaning and rubbish removal following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

5. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

6. The landlord said the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

7. The landlord produced photographs that show belongings and rubbish to have been left behind throughout the inside and outside of the house. The photographs show no sign of the tenant having made any attempt to clean the house at the end of the tenancy. Walls, kitchen and bathrooms are all dirty and there are stains on the carpet, particularly in bedroom 4.

8. I am persuaded the landlord’s claims are reasonable to return the premises to a reasonably clean and tidy condition.

9. The claims and the amounts ordered above are proved.

C [NAME]

03 June 2026

__________________________________________________________________________________ 5387604 3

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 [NAME]/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 [NAME]/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.[NAME] https://www.[NAME] http://www.[NAME]

__________________________________________________________________________________ 5387604 4

A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: [NAME]/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:

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 must leave premises reasonably clean and tidy, removing all rubbish upon lease termination.
  • Tenant required to pay rent arrears to avoid tenancy termination.
  • Tenant responsible for damage beyond fair wear and tear if they cannot prove it was not caused carelessly or intentionally during occupancy.
  • Tenant is liable for cleaning costs and damage to property beyond fair wear and tear.
  • Landlord entitled to possession of the premises if they provide a valid 90-day notice and the tenant does not attend the hearing.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What did this decision decide?

The Tenancy Tribunal ruled that the tenant must leave premises reasonably clean and tidy, removing all rubbish upon lease termination.

Who was involved?

A landlord and a tenant were involved in this dispute over cleaning obligations at the end of a tenancy agreement.

How did the court decide, and why?

The court decided that the tenant must comply with their legal obligation to leave premises clean and tidy. The evidence showed that the property was left dirty and full of rubbish.

Which laws or rules were applied?

The Residential Tenancies Act 1986, section 40(1)(e) was applied.

What was the argument that mattered most?

Photographs showing the state of the property after the tenant left were crucial in proving the landlord's case.

Was the decision for or against the person who brought the case?

The decision was for the claimant, the landlord.

What does this mean for someone in a similar situation?

Tenants must ensure that rental properties are left clean and tidy at the end of their tenancy to avoid penalties.

What evidence or documents mattered?

Photographs showing the state of the property after the tenant left were critical.

Can a decision like this be appealed?

Yes, both parties can appeal within 10 working days using an Appeal to the District Court form.

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.

Official source: Tenancy Tribunal headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Tenancy Tribunal and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.