Tenant Ordered to Pay $1,315.75 for Cleaning and Damages
📌 In brief
The Tenancy Tribunal ordered a tenant to pay $1,315.75 to the landlord for cleaning and damages after the tenancy ended. The tenant failed to clean the premises and return keys as required by the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant must compensate a landlord for leaving the premises in an unreasonable state of cleanliness and for failing to return keys.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay the landlord $1,315.75 for various damages and cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $1,315.75 for cleaning and damages after the tenancy ended. The tenant failed to clean the premises and return keys as required by the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5229058 1
[2025] NZTT 5229058
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For [NAME] $1,315.75 immediately, calculated as shown in table below.
Description Landlord Tenant Cleaning $500.00 Lawns and garden work $400.00 Lock/key replacement $172.50 Walls and door repairs $216.25 Filing fee reimbursement $27.00 Total award $1,315.75 Total payable by Tenant to Landlord $1,315.75
Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant did not either of the calls made at the scheduled time on the number provided to the Tribunal.
2. The tenant has been served by email which is an address for service on her tenancy agreement.
__________________________________________________________________________________ 5229058 2
3. Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
4. The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
5. 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.
6. The landlord stated that at the end of the tenancy, the tenant left the premises without vacuuming or dusting, without cleaning the kitchen or bathrooms, without cleaning the oven or draining the dishwasher, and with children’s drawing on the windows. The landlord provided photographs and an invoice for $500.00 for cleaning.
7. The claim is proved.
8. The tenant did not return the keys. The landlord provided photographs and an invoice in support of this claim.
9. This claim is proved.
10. The landlord claims that at the end of the tenancy the tenant left a large pile of grass clippings behind the shed. Behind the shed there were also many mature weeds. The landlord produced photographs and an invoice in support of this claim, which includes costs for replanting grass where it looks like a trampoline had killed the grass. Overall however, the back yard looks like it was left in good condition.
11. I consider the amount claimed to be excessive given the amount of clean up that is needed. I also consider the missing grass to be partially fair wear and tear. I have reduced the amount awarded accordingly.
Is the tenant responsible for the damage to the premises?
12. 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.
13. The landlord claims the tenant has caused damage to the walls in several rooms. The damage includes loss of paint to the edges of doors, and chips and nicks in the wall paint. The landlord stated that if the damage was of a similar kind but less in quantity, it could reasonably be considered fair wear and tear.
__________________________________________________________________________________ 5229058 3
14. I accept the landlord’s submission on this point. I note that the tenancy was for five and a half years. I am required to take into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Walls and doors for example, can be expected to need repainting every eight years. I have reduced the claim accordingly.
15. I consider some of the damage to be fair wear and tear and some to be careless.
16. The amounts ordered are proved.
17. [COMPANY] As Agent For [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
C Lamdin
05 June 2025
__________________________________________________________________________________ 5229058 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 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/
__________________________________________________________________________________ 5229058 5
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 did not vacuum, dust, or clean the kitchen, bathrooms, or oven, and left drawings on windows, which proved the landlord's cleaning claim.
- The tenant failed to return the keys, which proved the landlord's claim for lock/key replacement.
- The landlord's argument that some wall damage was more than fair wear and tear was accepted, considering the tenancy length and the need for repainting.
- The landlord substantially succeeded with the claim, leading to reimbursement of the filing fee.
❌ Tends to be rejected
- The landlord's claim for lawns and garden work was reduced because the amount was excessive for the cleanup needed.
- The claim for missing grass was partially considered fair wear and tear, reducing the awarded amount.
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 $1,315.75 for cleaning and damages after the tenancy ended.
What was the dispute about?
The dispute was about the condition of the rental property after the tenancy ended, including cleaning and the return of keys.
How did the court decide, and why?
The court decided that the tenant must pay the landlord $1,315.75 because the tenant left the premises in an unreasonable state of cleanliness and did not return the keys.
Which laws or rules were applied?
The Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant left the premises in an unreasonable state of cleanliness and did not return the keys.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that the rental property is left in a reasonable state of cleanliness and that all keys are returned upon the end of the tenancy.
What evidence or documents mattered?
Photographs and invoices for cleaning and key replacement costs were presented as evidence.