Tenant Ordered to Clean Premises or Face Termination
📌 In brief
The Tenancy Tribunal ordered the tenant to clean and tidy the premises by a specific date, threatening termination if the obligation was not met. The decision was based on the tenant's failure to maintain the premises in a reasonably clean and tidy condition as required by the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant must maintain the premises in a reasonably clean and tidy condition as per the Residential Tenancies Act 1986.
📖 What the law says
This section states that a tenant must keep the rented property reasonably clean and tidy. It also outlines other responsibilities, such as paying rent on time and notifying the landlord of any damage or needed repairs.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to clean the premises and threatened termination if not completed by a set date.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to clean and tidy the premises by a specific date, threatening termination if the obligation was not met. The decision was based on the tenant's failure to maintain the premises in a reasonably clean and tidy condition as required by the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5108390
TENANCY TRIBUNAL - Wellington | Te Whanganui-a-Tara
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat G05, [ADDRESS], [POSTCODE], [NAME]
ORDER
1. [NAME] must carry out, or arrange for assistance to carry out, the cleaning and tidying of the premises. The premises must be reasonably clean and tidy by 12 March 2025.
2. If the premises is not reasonably clean and tidy by 12 March 2025, the tenancy at Unit/Flat G05, [ADDRESS], [POSTCODE], [NAME] will terminate and the landlord will have immediate possession of the premises.
3. [NAME] must pay $27.00 to [NAME] immediately.
Reasons:
1. Only the landlord attended the hearing.
Has the tenant complied with their obligations regarding the property being clean and tidy?
2. The tenant must keep the premises reasonably clean and tidy during the tenancy. See section 40(1)(c) Residential Tenancies Act 1986.
3. The landlord has provided evidence that proves the tenant is not keeping the premises reasonably clean and tidy. Photos show that the premises is cluttered with objects that prevent free movement within the premises. The amount of
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rubbish and items hoarded in the property presents a danger to the tenant and to others who occupy units in the building. The danger is both from fire and health risks associated with accumulated rubbish at the property.
4. The landlord sent a 14 day Notice to the tenant to rectify the situation but the tenant has not complied with that Notice.
5. The landlord has requested that to avoid termination, the tenant be given a further opportunity to get help to comply with the Tenancy Agreement and Residential Tenancies Act 1986 obligations. I am satisfied that the tenant’s breach is of such a nature and extent that termination should follow if the rubbish removal and cleaning is not carried out.
Filing Fee
6. [NAME] has succeeded with the claim I must reimburse the filing fee.
[NAME]
12 February 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 tenant must keep the premises reasonably clean and tidy according to the law.
- The landlord provided photos showing the premises were cluttered and dangerous.
- The tenant did not comply with the 14-day notice to clean up the premises.
- The breach was significant enough to warrant termination if not remedied.
❌ Tends to be rejected
- The tenant did not attend the hearing to provide their side of the story.
- No effort was shown by the tenant to address the cleanliness issues despite warnings.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenant to clean and tidy the premises by a specific date, threatening termination if the obligation was not met.
What was the dispute about?
The dispute was about the tenant's failure to maintain the premises in a reasonably clean and tidy condition.
How did the court decide, and why?
The court decided that the tenant must clean and tidy the premises by a specific date, threatening termination if the obligation was not met, based on the tenant's failure to maintain the premises in a reasonably clean and tidy condition.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 40(1)(c), was applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's failure to maintain the premises in a reasonably clean and tidy condition.
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, maintaining the premises in a reasonably clean and tidy condition is crucial to avoid termination of the tenancy.
What evidence or documents mattered?
Photos showing the premises cluttered with objects that prevented free movement within the premises were presented as evidence.