Tenant Held Liable for End-of-Tenancy Clean-Up Obligations
📌 In brief
The Tenancy Tribunal decided that the Tenant was responsible for cleaning up the property and removing all rubbish at the end of the tenancy. The Tenant failed to do so, leaving the property in an untidy state.
⚖️ Legal holding
A tenant is responsible for removing all rubbish and ensuring the heat pump is clean at the end of the tenancy.
📖 What the law says
This rule states that when a tenancy ends, the tenant must leave the property in a reasonably clean and tidy condition. It also requires the tenant to remove all their belongings and all rubbish from the premises.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenant was found liable for failing to remove all rubbish and clean the heat pump at the end of the tenancy.
📜 Headnote Official document
The Tenancy Tribunal ruled that the Tenant was responsible for removing all rubbish and cleaning the heat pump at the end of the tenancy, as per the Residential Tenancies Act 1986. The Tenant failed to comply with these obligations, leaving the property in an untidy state.
📚 Full judgment Official document
__________________________________________________________________________________ 5184032 1
[2025] NZTT 5184032
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] For [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For [NAME] $27.00 immediately, calculated as shown in table below.
2. The [COMPANY] is to pay the bond of $285.14 (6231996-005) to [COMPANY] As Agent For [NAME] immediately.
Description Landlord Tenant Repairs: And rubbish removal $285.14 Filing fee reimbursement $27.00 Total award $312.14 Bond $285.14 Total payable by Tenant to Landlord $27.00
Reasons:
1. Both parties attended the hearing by video.
__________________________________________________________________________________ 5184032 2
2. The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
3. 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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
4. The Tenant failed to remove all rubbish from the property at the end of the tenancy. Specifically, the Landlord submitted that one wheelie bin was left full of rubbish, which they were required to dispose of at the tip due to the arrival of the incoming tenant. Additionally, plastic covering was left in the garage. The Tenant asserted that the bins were placed at the kerbside for scheduled collection by the rubbish truck, and that it was the Landlord’s decision to take the rubbish to the tip. However, the Landlord provided both photographic evidence and an invoice substantiating the cost incurred for rubbish removal.
5. The Landlord further claimed that the Tenant failed to clean the heat pump prior to vacating the premises. The ingoing and outgoing inspection reports support this claim, showing the heat pump was clean at the commencement of the tenancy and unclean at the conclusion. An invoice for cleaning was submitted by the Landlord.
6. Upon consideration of the evidence, I find the Tenant was responsible for removing all rubbish from the premises at the end of the tenancy. This responsibility is not discharged by relying on routine rubbish truck collection services. The Tenant was also responsible for ensuring the heat pump was cleaned, a duty which they failed to fulfill, as supported by the inspection reports and photographic evidence.
7. The amounts claimed by the Landlord in relation to rubbish removal and cleaning are proven.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
__________________________________________________________________________________ 5184032 3
10. 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.
11. 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.
12. 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.
13. 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.
14. Damage to the premises occurred during the tenancy in the form of paint chipping on the interior walls, resulting from the Tenant’s use of adhesive stickers. The Tenant acknowledged the use of 3M-brand adhesive stickers. The Landlord provided an invoice for the cost of repairs.
15. Upon consideration of the inspection reports and the Tenant’s own admission regarding the use of adhesive stickers, I find that the damage was caused by the Tenant’s careless conduct.
16. The repair costs claimed by the Landlord are substantiated by the evidence and are therefore awarded.
17. As [COMPANY] As Agent For [NAME] has wholly succeeded with the claim the Tenant must reimburse the filing fee.
A Aiolupotea 20 May 2025
__________________________________________________________________________________ 5184032 4
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/
__________________________________________________________________________________ 5184032 5
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 responsible for removing all rubbish from the premises at the end of the tenancy.
- The tenant was responsible for ensuring the heat pump was clean before vacating the premises.
- The tenant's use of adhesive stickers caused paint chipping on the interior walls, which was considered careless conduct.
❌ Tends to be rejected
- The tenant argued that the bins were placed at the kerbside for scheduled collection by the rubbish truck, but this responsibility was not discharged.
- The tenant claimed that the Landlord’s decision to take the rubbish to the tip absolved them of responsibility, but this was not accepted by the court.
- The tenant failed to clean the heat pump, as evidenced by inspection reports and photographic evidence.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenant was held liable for failing to remove all rubbish and clean the heat pump at the end of the tenancy.
What was the dispute about?
The dispute was about whether the Tenant had fulfilled their end-of-tenancy obligations to clean the property and remove all rubbish.
How did the court decide, and why?
The court decided that the Tenant was responsible for the clean-up, as evidenced by the inspection reports and photographic evidence provided by the Landlord.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically sections 40(1)(e)(ii)-(v) and 40(1)(ca), were applied.
What was the argument that mattered most?
The argument that mattered most was the photographic evidence and inspection reports showing the condition of the property at the start and end of the tenancy.
Was the decision for or against the person who brought the case?
The decision was for the Landlord, who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they thoroughly clean the property and remove all rubbish before the end of their tenancy.
What evidence or documents mattered?
Photographic evidence and inspection reports mattered in this case.