Tenant Only Owes One Day's Rent and Cleaning Costs
📌 In brief
The Tenancy Tribunal decided that the tenant only owed one day's rent and had to pay cleaning costs for certain areas because the premises were not left in a reasonably clean and tidy state.
⚖️ Legal holding
A tenant is only liable for rent until the actual date of vacating the premises and must leave the premises reasonably clean and tidy.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the premises reasonably clean and tidy, and leaving the property in a reasonably clean and tidy condition when moving out, removing all their belongings and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ruled that the tenant only owed one day's rent and that the landlord was entitled to cleaning costs for specific areas.
📜 Headnote Official document
The Tenancy Tribunal ruled that the tenant only owed one day's rent and was required to pay cleaning costs for specific areas, as the premises were not left in a reasonably clean and tidy condition.
📚 Full judgment Official document
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[2025] NZTT 5189456
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] to pay [COMPANY] As Agent For [NAME] $289.85 from the bond, calculated as shown in table below.
Description Landlord Tenant Rent arrears (1 day) $112.85 Cleaning $150.00 Filing fee reimbursement $27.00 Total award $289.85 Bond $289.85 $2,870.15
Reasons:
1. Both parties attended the hearing by video conference.
2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
3. The tenants gave notice to end the tenancy on 1 March 2025 and vacated that day. The landlord claims a further day’s rent to 2 March 2025 on the grounds
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that the tenants returned to the premises on 2 March to finish cleaning and to remove rubbish and belongings. Therefore, the landlord argues that the tenants had not handed over possession of the premises on 1 March and they seek rent to 2 March.
4. The tenants advise that they returned briefly to the premises on 2 March to take rubbish bags left outside to the landfill together with a desk. When they arrived at the premises, new tenants were already moving in. This accords with the landlord’s evidence that new tenants moved in that day. Photos taken by the landlord on 2 March 2025 also show that the new tenants’ belongings were present in one of the rooms.
5. I accept the tenants’ submissions that they vacated the premises on 1 March 2025; that returning to remove some rubbish on 2 March 2025 did not prevent the new tenants from taking possession of the premises; and, it would be unfair to require them to pay an extra day’s rent. Therefore, I accept that the tenants only owe one day’s rent to 1 March 2025 as shown on the landlord’s rent record produced in evidence.
Did the tenant comply with their obligations at the end of the tenancy?
6. 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.
7. The tenant's obligation to leave the premises reasonably clean and reasonably tidy is not an absolute standard, and it does not mean that the premises will be immaculate, spotless, or commercially clean. It also does not mean that the premises will necessarily be ready for occupation by a new tenant, the owner or ready for sale. It is to be expected that a landlord will spend some time (or pay someone else) on cleaning and maintenance work between tenancies. This is part of the business of being a landlord. The test as to whether premises are in a reasonably clean and tidy condition is an objective test, not to be determined based on the subjective opinion of either the landlord or the tenant. Also, a tenant should not be expected to keep the premises any cleaner or tidier than they were at the start of the tenancy.
8. Both parties produced photo/video evidence of the condition of the property at the end of the tenancy after the tenants say they completed cleaning. After carefully reviewing the evidence, I find that then kitchen rangehood and the shower box including the glass shower door was not left reasonably clean. I consider that the landlord’s claim for costs to clean those areas only is justified. The rest of the premises were left reasonably clean and tidy.
9. The amounts ordered are proved.
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10. As the landlord has mostly succeeded with their claim, they are entitled to reimbursement of the filing fee.
K Stirling
19 May 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].
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenants were only liable for rent up to March 1, 2025, because they vacated the premises on that day.
- The tenants were not required to pay an extra day's rent because their brief return to remove rubbish did not stop new tenants from moving in.
- The landlord was entitled to reimbursement of the filing fee because they mostly succeeded with their claim.
- The tenants were liable for cleaning costs for the kitchen rangehood and shower box because these areas were not left reasonably clean.
❌ Tends to be rejected
- The landlord's claim for cleaning costs for the rest of the premises was rejected because those areas were left reasonably clean and tidy.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant only owed one day's rent and had to pay cleaning costs for specific areas.
What was the dispute about?
The dispute was about whether the tenant owed an extra day's rent and whether the premises were left in a reasonably clean and tidy condition.
How did the court decide, and why?
The court decided that the tenant only owed one day's rent because they had vacated the premises on the agreed date. They also had to pay cleaning costs for specific areas because the premises were not left in a reasonably clean and tidy condition.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 40(1)(e)(ii)-(v) was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had vacated the premises on the agreed date and had left the premises reasonably clean and tidy except for specific areas.
Was the decision for or against the person who brought the case?
The decision was partly for and partly against the person who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that they only owe rent until the actual date of vacating the premises and must ensure that the premises are left reasonably clean and tidy.
What evidence or documents mattered?
The evidence included the rent records and photos taken by the landlord showing the condition of the property at the end of the tenancy.