Tenant Ordered to Pay $1,338.50 for Damages and Cleaning
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $1,338.50 for damages and additional cleaning costs after the tenancy ended. The Tribunal found that the tenant was responsible for damages exceeding fair wear and tear and for additional cleaning costs since the premises were not left reasonably clean and tidy.
⚖️ Legal holding
A tenant is liable for damages that exceed fair wear and tear and for additional cleaning costs if the premises are not left reasonably clean and tidy.
📖 What the law says
This section outlines a tenant's responsibilities, including keeping the rental property reasonably clean and tidy during the tenancy. It also requires the tenant to leave the premises in a reasonably clean and tidy condition and remove all rubbish when the tenancy ends.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay $1,338.50 for damages and cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $1,338.50 for damages and additional cleaning costs after the tenancy ended. The Tribunal found that the tenant was responsible for damages exceeding fair wear and tear and for additional cleaning costs since the premises were not left reasonably clean and tidy.
📚 Full judgment Official document
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[2025] NZTT 5127150
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] will pay [COMPANY] as Agent for [COMPANY] $1,338.50 from the bond, calculated as shown in the table below.
2. The Bond Centre is to pay the bond of $3,000.00 (6526315-004) immediately apportioned as follows:
[COMPANY] As Agent For [COMPANY]: $1,338.50
[NAME] and [NAME]: $1,661.50
Description Landlord Tenant Cleaning $150.00 Repairs: Scratched kitchen benchtop $437.00 Repairs: Stained bathroom benchtop $414.00 Repairs: Paint touch ups $310.50 Filing fee reimbursement $27.00 Total award $1,338.50 Bond $1,338.50 $1,661.50
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Reasons:
1. Both parties attended the hearing which took place by video conference.
2. The parties entered in to an agreement for a short tenancy of a new premises which began in March 2024 and ended on 31 October 2024.
3. The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
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.
5. The landlord claimed that the tenant did not leave the premises reasonably clean and tidy and sought compensation in the sum of $299.00 for extra cleaning arranged at the premises.
6. The tenant stated that the premises were cleaned by his family prior to exiting and although they are not professional cleaners the premises were left reasonably clean and tidy.
7. It is not always easy to define what "reasonably clean and tidy" means. However, a tenant is not required to leave a property immaculate or even in a condition where the landlord would be happy to sell it or rent it out to a new tenant. What is required is that premises including the stove and bathroom fittings are cleaned and all personal items removed. It is common that a landlord wishes to clean to an extra level, that is a business decision that a landlord makes at their cost.
8. The landlord has provided exit photographs and a copy of the cleaning invoice in the sum of $299.00 which itemises the work done. The invoice refers to some matters which go beyond the reasonably clean and tidy standard including but not limited to polishing handrail, cleaning glass balustrade and spot cleaning garage floor.
9. Having considered the evidence I find that the majority of the inside of these premises was left reasonably clean and tidy. However, I am satisfied that some additional cleaning including in the kitchen and bathrooms was required. I order payment of one half of the invoice being $150.00 to be paid by the tenants towards this.
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Is the tenant responsible for the damage to the premises?
10. 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.
11. 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.
12. 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.
13. 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.
14. The following damage was caused during the tenancy:
(a) Damage to kitchen benchtop – the landlord provided photographs of scratches on the kitchen benchtop and an invoice in the sum of $437.00 -“To repair a scratched benchtop and match the pattern (as close as possible)”.The tenant denied intentionally causing the damage which is accepted and stated he did not know how the marks were made. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount is ordered as sought.
(b) Damage to bathroom vanity benchtop – the landlord provided photographs of stains on the bathroom vanity benchtop and an invoice in the sum of $414.00 -“To remove hair dye stains on a vanity and replicate the colour (as close as possible)”. The tenant agreed that the damage was caused accidentally by hair dye. He agreed to pay the cost of repair but was frustrated at the delay in receiving the invoice. The landlord explained that the work was done in November 2024 but there were delays in obtaining an invoice from the contractor. The damage is more than fair wear and tear. The amount is ordered as sought.
(c) Damage to paintwork requiring touch ups – the landlord provided photographs of some dye spots on the bathroom door and photographs of paint touch ups that were done prior to the tenants leaving the premises which unfortunately used the wrong colour paint and left small run marks on the walls.
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The tenant explained that the neighbour offered to assist with touch ups and provided paint but unfortunately it was the wrong colour. It is accepted that the intention was good, but the result was that the landlord needed to repair the marks. The landlord provided an invoice for the repairs and the amount is ordered as sought.
15. The landlord advised that there was insurance cover but the excess is $700.00 per claim. The amounts ordered are less than the insurance excess for each claim.
16. [COMPANY] as Agent for [COMPANY] has substantially succeeded with the claim I have reimbursed 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 landlord was awarded $150 for additional cleaning because some areas, like the kitchen and bathrooms, needed more cleaning than what was left.
- The landlord was awarded $437 for scratches on the kitchen benchtop because the damage was more than fair wear and tear.
- The landlord was awarded $414 for hair dye stains on the bathroom vanity benchtop because the tenant agreed to the damage and its repair cost.
- The landlord was awarded $310.50 for paint touch-ups because the tenant's attempt to fix dye spots with the wrong paint color resulted in new marks.
- The landlord was reimbursed the filing fee because they substantially succeeded with their claim.
❌ Tends to be rejected
- The landlord's claim for the full $299 cleaning invoice was rejected because much of the premises was left reasonably clean and tidy.
- The landlord's claim for extra cleaning was partially rejected because some items on the invoice went beyond the "reasonably clean and tidy" standard.
- The tenant's argument that the premises were left reasonably clean and tidy by his family was partially rejected for some areas.
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 $1,338.50 for damages and additional cleaning costs.
What was the dispute about?
The dispute was about whether the tenant was responsible for damages to the premises and additional cleaning costs.
How did the court decide, and why?
The court decided that the tenant was liable for damages that exceeded fair wear and tear and for additional cleaning costs since the premises were not left reasonably clean and tidy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e) and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was responsible for damages exceeding fair wear and tear and for additional cleaning costs since the premises were not left reasonably clean and tidy.
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?
Someone in a similar situation should ensure that the premises are left reasonably clean and tidy and that any damages are within the bounds of fair wear and tear.
What evidence or documents mattered?
Exit photographs, cleaning invoices, and invoices for repairs to damaged areas mattered.