Tenant Ordered to Pay $1,230.86 for Damages and Cleaning Costs
📌 In brief
The Tenancy Tribunal ordered a tenant to pay $1,230.86 to the landlord for damages and cleaning costs after the tenant left the premises in a messy condition.
⚖️ Legal holding
A tenant must leave the premises reasonably clean and tidy, remove all rubbish, and replace worn-out smoke alarm batteries during the tenancy.
📖 What the law says
This section states that a tenant must keep the rented property reasonably clean and tidy during the tenancy. It also requires the tenant, when moving out, to leave the premises in a reasonably clean and tidy condition and to remove all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord $1,230.86 for damages and cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $1,230.86 for damages and cleaning costs after the tenant failed to leave the premises reasonably clean and tidy at the end of the tenancy.
📚 Full judgment Official document
__________________________________________________________________________________ 5128394 1
[2025] NZTT 5128394
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $1,230.86 immediately, calculated as shown in table below.
2. The rental credit of $74.44 has been applied to the Tenants’ debt to the Landlord.
Description Landlord Tenant Rubbish removal: removal rubbish and repair bedroom 2 wall hole
$1,305.30
Total award $1,305.30 Rent credit $74.44 Total payable by Tenant to Landlord $1,230.86
Reasons:
1. The Landlord attended the hearing by telephone. The Tenant did not attend by video or answer telephone calls made by the Tribunal .
2. The landlord has applied for compensation 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
__________________________________________________________________________________ 5128394 2
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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish inside and outside of the house. There was a substantial amount of furniture, food items, rubbish bags, clothing, pots and miscellaneous items to remove and the outgoing inspection report substantiated this. An invoice for the removal was also provided.
5. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
__________________________________________________________________________________ 5128394 3
12. The following damage was caused during the tenancy: Wall hole in bedroom 2. The ingoing and outgoing inspection report was provided to show this happened during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
13. The amounts ordered are proved.
14. The Tenant had a rental credit of $74.44 and this has been applied to the outstanding debt.
A Aiolupotea 23 April 2025
__________________________________________________________________________________ 5128394 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 [NAME]/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 [NAME]/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.[NAME]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/disputes/enforcing-decisions/
__________________________________________________________________________________ 5128394 5
A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: [NAME]/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 rubbish removal was accepted because the tenant did not leave the premises reasonably clean and tidy.
- The landlord provided an outgoing inspection report and an invoice to prove the need for rubbish removal.
- The landlord proved that a wall hole in bedroom 2 occurred during the tenancy using ingoing and outgoing inspection reports.
- The tenant was held responsible for the damage to the wall because it was more than fair wear and tear and they did not disprove liability.
- The amounts claimed by the landlord were accepted as proven by the Tribunal.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was ordered to pay the landlord $1,230.86 for damages and cleaning costs.
What was the dispute about?
The dispute was about the state of the premises at the end of the tenancy, including damages and cleaning requirements.
How did the court decide, and why?
The court decided that the tenant must pay the landlord because the premises were left in a messy condition and required significant cleaning and repairs.
Which laws or rules were applied?
The Residential Tenancies Act 1986, 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 that the tenant did not leave the premises reasonably clean and tidy, leaving significant rubbish and requiring repairs.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
For tenants, this means that they must ensure the premises are left clean and tidy at the end of the tenancy to avoid financial penalties.
What evidence or documents mattered?
Evidence included an outgoing inspection report and an invoice for the removal of rubbish and repairs.