Tenant Loses Tenancy for Failing to Maintain Cleanliness
📌 In brief
The Tenancy Tribunal ended the lease of a tenant who failed to keep the rental unit clean and tidy, despite receiving two chances to fix the problem. The landlord provided clear evidence of the unclean conditions.
⚖️ Legal holding
A tenant must maintain the premises reasonably clean and tidy or risk termination 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 the tenant to pay rent on time, use the premises mainly for living, and notify the landlord of any damage or repair needs.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal terminated the tenancy due to the tenant's failure to maintain the premises.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant for failing to maintain the premises reasonably clean and tidy, despite receiving two opportunities to remedy the breach.
📚 Full judgment Official document
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[2025] NZTT 5146291
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/Flat [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As Agent For [NAME], at 11.59pm, Sunday 13 April 2025.
Description Landlord Tenant Filing fee reimbursement $27.00 Total award $27.00 Total payable by Tenant to Landlord $27.00
Reasons:
1. The landlord attended the hearing. The tenant did not attend the hearing. An attempt was made to join the tenant to the hearing by telephone, but the call went to voicemail. The hearing proceeded in the tenant’s absence.
2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
Should the tenancy be terminated?
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3. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
4. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
5. The tenant has breached their obligations by not keeping the premises reasonably clean and tidy (section 40(1)(c) Residential Tenancies Act 1986.
6. The landlord served a 14-day notice on the tenant on 2 December 2024, and the tenant did not remedy the breach within the required period.
7. It would be inequitable to refuse to terminate the tenancy because the landlord provided the tenant with two opportunities to remedy the breach, but the tenant did not do so. After the 14-day notice the landlord carried out an inspection on 18 December 2024. An email dated 20 December 2024 lists the issues that still had not been resolved. The landlord advised that a further inspection would take place on 24 January 2025.
8. The landlord produced photographs taken at the inspect on 24 January 2025. Those photographs show that the premises are not being kept reasonably clean and tidy. I refer to the unmown lawn and large weeds in the garden and stains on the carpet.
9. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
03 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.
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 landlord's claim for tenancy termination was successful because the tenant failed to keep the premises reasonably clean and tidy.
- The landlord successfully showed that the tenant did not fix the breach within the required time after receiving a 14-day notice.
- The landlord provided two chances for the tenant to fix the issues, but the tenant did not do so, making it unfair to refuse termination.
- Photographs presented by the landlord confirmed that the property was not being kept clean and tidy, showing an unmown lawn, weeds, and carpet stains.
- The landlord was reimbursed the filing fee because they fully won their claim.
❌ Tends to be rejected
- The tenant's absence from the hearing meant their arguments could not be heard.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided to terminate the tenant's tenancy due to the failure to maintain the premises clean and tidy.
What was the dispute about?
The dispute was about whether the tenant had breached their obligation to keep the premises clean and tidy.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant failed to maintain the premises clean and tidy despite receiving two opportunities to remedy the breach.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 54 and 40 were applied.
What was the argument that mattered most?
The most important argument was that the tenant failed to maintain the premises reasonably clean and tidy despite receiving two opportunities to remedy the breach.
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?
For someone in a similar situation, it means that failing to maintain the premises clean and tidy can lead to the termination of the tenancy.
What evidence or documents mattered?
Photographs showing the unclean conditions and emails listing unresolved issues were key pieces of evidence.