Tenant Fails to Provide Adequate Notice and Clean Premises
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $442.00 from the bond due to insufficient notice given and leaving the premises unclean. The tenant was required to give at least 28 days' notice to terminate the periodic tenancy, which they failed to do.
⚖️ Legal holding
A tenant must provide at least 28 days' notice to terminate a periodic tenancy.
📖 Technical summary
The tenant failed to provide sufficient notice and left the premises unclean, resulting in a financial award to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ruled that the tenant must pay the landlord $442.00 from the bond due to insufficient notice given and leaving the premises unclean.
📚 Full judgment Official document
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[2025] NZTT 5146814
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
2. [NAME] must pay [The landlord/s] $442.00 from the bond, as calculated in the table below:
Description Landlord Tenant Rent in lieu of notice (reduced due to landlord waiver) $1,078.00 Cleaning $415.00 Filing fee reimbursement $27.00 Total award $1,520.00 Bond $1,520.00
3. The Bond Centre is to pay the bond of $1,520.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Reasons:
1. The landlord attended the hearing. The tenant did not attend and did not respond when telephoned on the number ending in 339.
2. The landlord has applied for rent in lieu of notice, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
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3. The periodic tenancy ended on 1 January 2025. The landlord provided records that show that the tenant gave notice this same day, and although the tenant was up to date with rent until the notice date, the landlord claims for rent in lieu of the tenant giving sufficient notice.
4. A tenant is required to give at least 28 days’ notice to terminate a periodic tenancy. See section 51(2B) of the Residential Tenancies Act (RTA).
5. Accordingly, the landlord would be entitled to claim for 28 days of rent, totalling $1,520.00.
6. However, the landlord advised that he did not want to seek any amount more than the bond held, and the amount awarded is therefore reduced to $1,078.00 to reflect this waiver by the landlord.
Did the tenant comply with their obligations at the end of the tenancy?
7. 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) RTA.
8. The landlord advises that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. An invoice has been provided of $415.00 for cleaning and rubbish removal. Although the tenant did not attend the hearing, correspondence shows that the tenant did not dispute this amount.
9. The amount ordered is proved.
10. Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
R Harvey-Lane 29 April 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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant must provide at least 28 days' notice to terminate a periodic tenancy.
- The tenant did not leave the premises reasonably clean and tidy.
- The landlord provided an invoice for cleaning and rubbish removal which the tenant did not dispute.
❌ Tends to be rejected
- The landlord claimed for rent in lieu of notice but waived the amount exceeding the bond.
- The tenant did not attend the hearing and did not respond to calls.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay the landlord $442.00 from the bond due to insufficient notice given and leaving the premises unclean.
What was the dispute about?
The dispute was about the tenant's failure to provide sufficient notice and leaving the premises unclean.
How did the court decide, and why?
The court decided that the tenant must pay the landlord $442.00 from the bond because they did not provide the required 28 days' notice and left the premises unclean.
Which laws or rules were applied?
Section 51(2B) of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant did not provide the required 28 days' notice and left the premises unclean.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they provide the required notice and leave the premises in a reasonable state of cleanliness.
What evidence or documents mattered?
The evidence included the landlord's records showing the tenant's failure to provide sufficient notice and the condition of the premises upon departure.