Tenant Awarded Compensation for Cleaning and Moving In Delays
📌 In brief
The Tenancy Tribunal awarded compensation to the tenant for cleaning and delays in moving into a property. The premises were not reasonably clean and the landlord failed to provide access on time, leading to the tenant's entitlement to compensation.
⚖️ Legal holding
A tenant is entitled to compensation for cleaning and delays in moving into a property if the premises were not reasonably clean and the landlord failed to provide access on time.
📖 What the law says
This section states that a landlord must provide the rental property in a reasonable state of cleanliness. In this case, the property was not reasonably clean, which is a breach of this responsibility.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal awarded compensation to the tenant for cleaning and delay in moving in, dismissing other claims.
📜 Headnote Official document
The Tenancy Tribunal awarded compensation to the tenant for cleaning and delays in moving into a property. The premises were not reasonably clean and the landlord failed to provide access on time, leading to the tenant's entitlement to compensation.
📚 Full judgment Official document
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[2025] NZTT 5276680, 5192892
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. Mesepi Ulimasao lose must pay [NAME] $678.58 immediately, as set out in the table below.
2. This order incorporates the Tribunal order made on 29 January 2025 under application 5027401.
Description Landlord Tenant Previous order application 5027401 dated 29/01/2025
$1,319.86
Compensation: Cleaning $614.28 Filing fee reimbursement $27.00 Total award $1,319.86 $641.28 Net award $678.58 Total payable by Tenant to Landlord $678.58
3. All remaining claims are dismissed.
Reasons:
1. Both parties attended the hearing.
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2. The tenant was assisted by a Samoan interpreter. The landlord was assisted by a Korean interpreter.
3. On 29 January 2025 the Tribunal made an order relating to this tenancy, for rent arrears to 9 January 2025, a cleaning fee, the filing fee and release of the bond. The previous order is incorporated into this order for enforcement purposes.
4. The tenant applied for bond refund, for a claim related to the Healthy Homes standards and to be released from a fixed term tenancy.
5. The landlord applied for rent arrears and cleaning.
Landlord application
6. The landlord’s application was dealt with by the Tribunal at the hearing held on 29 January 2025. The landlord was awarded rent arrears, cleaning, the filing fee and release of the bond.
7. As the Tribunal has dealt with the application this claim is dismissed.
Tenant application
8. The tenant claimed for release of the bond, but the Tribunal released the bond to the landlord in the order made on 29 January 2025. As the bond has been released no further order is required.
9. The tenant claimed in respect of the Healthy Homes standards. The tenancy commenced on 5 November 2023, so the landlord had 120 days from the start date to comply with the Healthy Homes standards. The tenant left the premises before the expiration of the 120-day period so there is no breach of the Healthy Homes standards. That part of the tenant’s claim is dismissed.
10. The tenant’s complaint relates to the condition that the home was in when they moved in. The tenant produced photographs showing that the premises were not reasonably clean and tidy on 5 November 2023. Section 45(1)(a) provides that the landlord shall provide the premises in a reasonable state of cleanliness. In particular, the carpet was heavily stained. In addition, the tenant said that the carpet was wet and there were fleas.
11. The landlord did not produce any photographs from before the tenancy commenced. She did produce photographs from 3 December 2024 which show a considerably cleaner premises which is after the tenant had carried out the cleaning.
12. The tenant and her family spent time cleaning the premises. I accept that the cleaning was required.
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13. The landlord said that she had paid a cleaner $100.00 to vacuum the premises and clean the windows. It seems that not all the windows were cleaned. The amount paid by the landlord is a small amount for a 3-to-4-bedroom home.
14. I consider that the tenant should be awarded for having to clean the premises at the beginning of the tenancy. Also, the landlord did not provide the premises to the tenant until after 4pm on 5 November 2024. I have awarded $500.00 for cleaning and $114.28 which is the daily rate for the tenant not being able to move in on the morning of 5 November 2025.
15. In relation to the claim to reduce the fixed term tenancy the tenant claims that she and her family were unwell from living at the premises. I accept that the tenant and her family were unwell, but there is insufficient evidence to establish that the illness was caused by living at the premises. Also, the Tribunal has already made an order in relation to rent arrears owed to 9 January 2025. I am unable to change that order.
16. Because Mesepi Ulimasao lose has substantially succeeded with the claim I have reimbursed the filing fee.
[NAME]
11 June 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 was awarded $500 for cleaning because the premises were not reasonably clean when they moved in.
- The tenant received $114.28 because the landlord did not provide access to the premises until after 4pm on the move-in day.
- The tenant's claim for the filing fee was reimbursed because they substantially succeeded with their claim.
- The tenant's photographs showed that the premises were not reasonably clean and tidy on the move-in date.
- The landlord did not provide any photographs from before the tenancy began to counter the tenant's evidence.
❌ Tends to be rejected
- The tenant's claim regarding Healthy Homes standards was dismissed because they left before the 120-day compliance period expired.
- The tenant's claim for bond refund was dismissed because the bond had already been released to the landlord.
- The landlord's application was dismissed because it had already been dealt with in a previous hearing.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal awarded compensation to the tenant for cleaning and delays in moving into a property.
What was the dispute about?
The dispute was about the condition of the premises when the tenant moved in and the delay in providing access to the property.
How did the court decide, and why?
The court decided to award compensation to the tenant because the premises were not reasonably clean and the landlord failed to provide access on time.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 45 was applied.
What was the argument that mattered most?
The argument that mattered most was that the premises were not reasonably clean and the landlord failed to provide access on time.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation may be entitled to compensation if the premises are not reasonably clean and the landlord fails to provide access on time.
What evidence or documents mattered?
Photographs showing the condition of the premises and the delay in providing access were important evidence.