Tenant Fined for Leaving Premises Untidy and Missing Keys
📌 In brief
The Tenancy Tribunal at Whakatane decided that the tenant must pay $147.02 from the bond because they left the rental unit untidy and did not return all keys at the end of the tenancy. The decision was based on the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is required to leave the premises reasonably clean and tidy and return all keys at the end of the tenancy.
📖 What the law says
This section states that a tenant must keep the rented property reasonably clean and tidy. It also requires that when a 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 tenant failed to leave the premises clean and tidy and did not return all keys, resulting in deductions from the bond.
📜 Headnote Official document
The Tenancy Tribunal at Whakatane ruled that the tenant must pay the landlord $147.02 from the bond due to leaving the premises untidy and failing to return all keys at the end of the tenancy. The ruling was based on the Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 49B.
📚 Full judgment Official document
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[2025] NZTT 5132189, 5154234
TENANCY TRIBUNAL AT WHAKATANE | TE TARAIPIUNARA RETIHANGA KI WHAKATĀNE
APPLICANT: [redacted] As Trustee For [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] to pay [COMPANY] As Agent For [NAME] As Trustee For [COMPANY] $147.02 from the bond, calculated as shown in table below.
2. The [COMPANY] is to pay the bond of $1,440.00 (3059993-041) immediately apportioned as shown in table below.
Description Landlord Tenant Cleaning $115.00 Lock/key replacement $5.02 Filing fee reimbursement $27.00 Total award $147.02 Bond $147.02 $1,292.98
Reasons:
1. Both parties attended the hearing.
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2. The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy.
3. The tenant is seeking a refund of his bond.
Did the tenant comply with their obligations at the end of the tenancy?
4. 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) Residential Tenancies Act 1986.
5. The tenant did not leave the premises reasonably clean and tidy in some areas.
6. The tenant was given 4 keys and only returned 3.
7. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
8. A 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. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
9. Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
10. Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
11. Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
12. Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
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13. I acknowledge that the tenant’s paintwork (authorised by the landlord) falls short of a workmanlike standard. However, the landlord has not provided sufficient evidence to prove that the tenant caused damage. There is no in-going inspection report to establish the state of the walls at the start of the tenancy, no invoice/estimate to quantify the landlord’s loss, and no information provided as to when the walls were last painted by the landlord.
14. Accordingly, this part of the claim is not proven to the requisite standard and must be dismissed.
15. As the landlord has partly succeeded with the claim, the tenant must pay the filing fee.
[NAME] 11 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 did not leave the premises reasonably clean and tidy in some areas.
- The tenant was given 4 keys and only returned 3.
- The landlord provided proof for the cleaning costs and lock/key replacement costs.
❌ Tends to be rejected
- The landlord did not provide sufficient evidence to prove that the tenant caused damage to the paintwork.
- There was no in-going inspection report to establish the state of the walls at the start of the tenancy.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay $147.02 from the bond because they left the rental unit untidy and did not return all keys at the end of the tenancy.
What was the dispute about?
The dispute was about whether the tenant had fulfilled their obligations at the end of the tenancy by leaving the premises clean and tidy and returning all keys.
How did the court decide, and why?
The court decided that the tenant was responsible for the deductions from the bond because they did not meet the cleaning requirements and did not return all keys.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant did not leave the premises reasonably clean and tidy and did not return all keys at the end of the tenancy.
Was the decision for or against the person who brought the case?
The decision was against the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that they leave the premises clean and tidy and return all keys at the end of the tenancy to avoid deductions from the bond.
What evidence or documents mattered?
The evidence included the condition of the premises and the number of keys returned by the tenant.