Tenant Ordered to Pay $1,467.48 for End-of-Tenancy Obligations
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $1,467.48 for damages and expenses incurred at the end of the tenancy. The tenant did not leave the premises clean and tidy, and did not remove all rubbish as required by law.
⚖️ Legal holding
A tenant is required to leave the premises reasonably clean and tidy, remove all rubbish, and compensate the landlord for any damages beyond fair wear and tear.
📖 What the law says
This rule states that when a tenancy ends, the tenant must leave the property in a reasonably clean and tidy condition. They also need to remove all their belongings and any rubbish from the premises.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay the landlord $1,467.48 for various damages and expenses.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $1,467.48 for various damages and expenses incurred at the end of the tenancy. The tenant failed to leave the premises reasonably clean and tidy, remove all rubbish, and compensate for damages beyond fair wear and tear.
📚 Full judgment Official document
__________________________________________________________________________________ 5149113 1
[2025] NZTT 5149113
TENANCY TRIBUNAL - Porirua
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] - As Agent For [COMPANY] $1,467.48 immediately, calculated as shown in table below.
Description Landlord
Previous order application 5047450 dated 10/12/2024 $441.29 Filing fee reimbursement $27.00 Carpet Cleaning $178.25 Cleaning $75.00 Rubbish removal: tip fee $46.50 Rubbish removal: 5 hours $125.00 Rubbish removal: vehicle and trailer $0.00 Water rates $16.68 Window and door repair $150.00 Repairs: Fan and heater $407.76 Total payable by Tenant to Landlord $1,467.48
2. The landlord shall dispose of the fridge/freezer and TV left at the premises by the tenant by as the landlord sees fit.
3. If sold, the amount owing to the applicant out of the proceeds of any sale is $1,467.48.
__________________________________________________________________________________ 5149113 2
4. This order includes and replaces the order made under Application 5047450 on 10 December 2024.
Reasons:
1. Only the landlord attended the hearing.
2. The landlord has applied for water rates, compensation, a disposal of goods order and reimbursement of the filing fee following the end of the tenancy.
Water rates
3. The landlord provided invoices showing water rates amounts owed by the tenant. The amount due is proved.
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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. I have assessed the evidence provided by the applicant. There was a receipt for one tip fee and that has been ordered. The owner carried out the cleaning and rubbish removal. I have allowed five hours for rubbish removal and three hours for cleaning based on the evidence available. The owners claim for compensation for his vehicle and trailer use is declined.
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. The following damage was caused during the tenancy. A glass panel in a door and a door latch were damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
8. The amounts ordered are proved.
Disposal of goods
__________________________________________________________________________________ 5149113 3
9. The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy. The landlord is unable to contact the tenant.
10. It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.
Filing Fee
11. Because the landlord has been successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant.
[NAME]
21 February 2025
__________________________________________________________________________________ 5149113 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/
__________________________________________________________________________________ 5149113 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 leave the premises reasonably clean and tidy.
- The tenant did not remove all rubbish from the premises.
- The tenant is responsible for damages to the glass panel in a door and the door latch.
- The landlord provided invoices showing water rates amounts owed by the tenant.
- The landlord is allowed to dispose of the fridge/freezer and TV left by the tenant.
❌ Tends to be rejected
- The landlord's claim for compensation for vehicle and trailer use was declined.
- The tenant is not responsible for the costs associated with the landlord's actions to clean and remove rubbish.
- The tenant did not provide evidence to disprove liability for the damage to the premises.
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 $1,467.48 for various damages and expenses 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 compensate the landlord for damages beyond fair wear and tear.
How did the court decide, and why?
The court decided that the tenant must pay the landlord $1,467.48 because the tenant did not meet their obligations at the end of the tenancy, leaving the premises in poor condition and causing damage.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(2)(a), 41, 49B, 62(3)(b), and 62B(2) and (3) 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, remove all rubbish, and compensate the landlord for damages beyond fair wear and tear.
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 they leave the rental unit reasonably clean and tidy, remove all rubbish, and compensate the landlord for any damages beyond fair wear and tear to avoid similar penalties.
What evidence or documents mattered?
The evidence included invoices showing water rates amounts owed by the tenant, and the landlord's claims for compensation for damages and expenses incurred at the end of the tenancy.