Tenant Ordered to Pay $1,242.99 for Damages and Cleaning Costs
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $1,242.99 for damages and cleaning costs incurred at the end of the tenancy. The Tribunal found that the tenant did not leave the premises clean and tidy, removed all rubbish, and returned all keys and security devices.
⚖️ Legal holding
A tenant must leave the premises reasonably clean and tidy, remove all rubbish, and return all keys and security devices at the end of the tenancy.
📖 What the law says
This section states that a tenant must keep the rented property reasonably clean and tidy. When the tenancy ends, the tenant must leave the property in a reasonably clean and tidy condition and remove all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord for damages and cleaning costs at the end of the tenancy.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $1,242.99 for damages and cleaning costs incurred at the end of the tenancy. The Tribunal found that the tenant failed to leave the premises reasonably clean and tidy, remove all rubbish, and return all keys and security devices.
📚 Full judgment Official document
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[2025] NZTT 5117988
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE], [ADDRESS]
1. [NAME] must pay [COMPANY] $1,242.99 immediately, calculated as shown in table below.
Description Landlord Tenant Replace furnishings: Bin $109.00 Oven/stove cleaning $86.25 Window repairs $316.70 Lock/key replacement $172.50 Rubbish removal $458.54 Cleaning $345.00 Filing fee reimbursement $27.00 Total award $1,514.99 Bond $272.00 Total payable by Tenant to Landlord $1,242.99
2. The Bond Centre is to pay the bond of $272.00 (5671577-005) to [COMPANY] immediately.
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Reasons:
1. The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
2. The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
3. This tenancy commenced on 17 December 2019 and ended 22 October 2024.
Did the tenant comply with their obligations at the end of the tenancy?
4. 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.
5. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The oven required a deep clean. The landlord evidenced the above with a series of photographs and established the loss via invoices. The amounts ordered are as claimed.
6. The tenant did not return the keys and the lock required replacement.
7. The rubbish bin was missing at the end of the tenancy. A replacement costs of $109.00 was established via an invoice.
8. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
9. 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.
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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. A door glass pane was discovered at the end of the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Photos were provided of the broken window. The invoiced claim of $316.70 is awarded.
Filing fee
13. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
12 March 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 leave the premises reasonably clean and tidy.
- The tenant must remove all rubbish before the end of the tenancy.
- The tenant must return all keys and security devices.
- The tenant must replace worn-out smoke alarm batteries during the tenancy.
- The tenant must replace standard light bulbs.
❌ Tends to be rejected
- The tenant did not leave the premises reasonably clean and tidy.
- The tenant did not remove all rubbish.
- The tenant did not return the keys and the lock required replacement.
- The tenant did not replace the missing rubbish bin.
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 pay the landlord $1,242.99 for damages and cleaning costs incurred at the end of the tenancy.
What was the dispute about?
The dispute was about the tenant's failure to leave the rental unit reasonably clean and tidy, remove all rubbish, and return all keys and security devices at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for damages and cleaning costs because the tenant did not fulfill their obligations at the end of the tenancy.
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 most important argument was that the tenant must leave the premises reasonably clean and tidy, remove all rubbish, and return all keys and security devices at the 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?
For tenants in a similar situation, it means they must ensure the rental unit is left clean and tidy, all rubbish is removed, and all keys and security devices are returned at the end of the tenancy.
What evidence or documents mattered?
Photographs and invoices provided by the landlord were used as evidence.