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Tenant Ordered to Pay $1,496.20 From Bond for Cleaning and Repair Costs

Case No.

📌 In brief

The Tenancy Tribunal ruled that the tenant must pay the landlord $1,496.20 from the bond to cover cleaning and repair costs because the tenant failed to leave the rental property in a reasonable state at the end of the tenancy.

⚖️ Legal holding

A tenant is required to 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

Residential Tenancies Act 1986 s.40

This rule states that a tenant must keep the rented property reasonably clean and tidy. When the tenancy ends, the tenant must leave the premises 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 $1,496.20 from the bond for various damages and costs.

📜 Headnote Official document

The Tenancy Tribunal ordered the tenant to pay the landlord $1,496.20 from the bond for various damages and costs incurred due to the tenant's failure to meet their obligations at the end of the tenancy, including leaving the premises in a very dirty condition and leaving some rubbish behind.

📚 Full judgment Official document

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[2025] NZTT 5215894

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] to pay [COMPANY] As [COMPANY] $1,496.20 from the bond, calculated as shown in table below.

2. The Bond Centre is to pay the bond of $1,880.00 (6200844-018) immediately apportioned as follows:

[COMPANY] As [COMPANY]: $1,496.20

[NAME]: $383.80

Description Landlord Tenant Window replacement $151.70 Repair to walls $575.00 Flea treatment $215.50 Cleaning and rubbish removal $500.00 Filing fee app 4928994 $27.00 Filing fee reimbursement $27.00 Total award $1,496.20 Bond $1,496.20 $383.80

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Reasons:

1. This application was scheduled to be heard by video conference. The tenant did not link to the Teams link provided to her and nor did she answer either of the calls I made to her phone. The hearing proceeded in her absence.

2. I note that yesterday the tenant applied to the Tribunal for an adjournment of today’s hearing which was declined.

3. The landlord has applied for compensation, payment from the bond, and reimbursement of two filing fees 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 photographs show that the tenant left the premises in a very dirty condition and that she also left some rubbish behind.

6. The invoiced cost of remedying these issues was $745.00. However, as discussed at today’s hearing, I have reduced the amount payable by the tenant to $500.00 because the pre-entry inspection report shows that when the tenancy started there was a lot of fly dirt on the ceilings.

7. I also accept that there was a flea infestation at the end of the tenancy and that the tenant therefore ought to pay the cost of a flea treatment – invoiced at $215.50.

8. I note that at the beginning of the tenancy a flea treatment was done and that since then the tenant has not complained of any flea infestation.

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.

10. I accept the evidence that the walls were newly painted at the beginning of the tenancy. The photographs taken at the end of the tenancy show places where

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holes the walls have been poorly plastered and places where it appears that plaster or some such substance has been splattered on the wall.

11. This was done during the tenancy and cannot be considered to be fair wear and tear.

12. I accept that the tenants ought to pay the cost of remedying these issues – an invoice of $575.00 proves this cost.

Filing fee reimbursements

13. I accept the evidence indicating that the tenant has not paid a filing fee that she agreed to pay as a result of a mediated order in July 2024. This was for application number 4928994. She is ordered to pay this filing fee.

14. She is also ordered to pay the filing fee for today’s application because the landlord was wholly successful in the claim against her.

[NAME]

04 June 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 left the premises in a very dirty condition and left some rubbish behind.
  • The tenant did not properly clean the premises before leaving.
  • The tenant caused damage to the walls during the tenancy.
  • The tenant did not address the flea infestation issue.
  • The tenant agreed to pay a filing fee but did not do so.

❌ Tends to be rejected

  • The tenant claimed the dirt on the ceiling was present at the start of the tenancy.
  • The tenant argued that the damage to the walls was due to fair wear and tear.
  • The tenant did not return all keys and security devices as required.
  • The tenant did not pay the filing fee for the current application.
  • The tenant did not attend the hearing and provide evidence in their defense.

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 $1,496.20 from the bond for various damages and costs.

What was the dispute about?

The dispute was about the tenant's obligation to leave the rental property in a reasonable state at the end of the tenancy.

How did the court decide, and why?

The court decided that the tenant must pay the landlord from the bond because the tenant left the property in a very dirty condition and left some rubbish behind.

Which laws or rules were applied?

The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(2)(a), and 41 were applied.

What was the argument that mattered most?

The argument that mattered most was that the tenant had not met their obligations at the end of the tenancy, leaving the property in a very dirty condition and leaving some rubbish behind.

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 they leave the rental property in a reasonable state at the end of the tenancy to avoid having to pay for cleaning and repair costs from their bond.

What evidence or documents mattered?

Photographs showing the condition of the property at the end of the tenancy and invoices for cleaning and repair costs mattered.

Official source: Tenancy Tribunal headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Tenancy Tribunal and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.
Tenant Ordered to Pay Landlord From Bond | Tenancy Tribunal | VadeLab