Tenant Ordered to Pay $1,665.50 for Damages and Cleaning Costs
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $1,665.50 from the bond for damages and cleaning costs. The Tribunal determined that the damages were not due to normal wear and tear but were caused by the tenant's actions.
⚖️ Legal holding
A tenant is liable for damages and cleaning costs if they exceed fair wear and tear and are proven to be caused by the tenant's actions.
📖 What the law says
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.
This rule makes a tenant responsible for the actions of anyone they allow onto the property. If that person causes damage, it's treated as if the tenant caused it, unless the damage was done by the landlord or someone acting for the landlord.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay $1,665.50 from the bond for damages and cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $1,665.50 from the bond for damages and cleaning costs. The Tribunal found that the damages exceeded fair wear and tear and were caused by the tenant's actions.
📚 Full judgment Official document
__________________________________________________________________________________ 5167552 1
[2025] NZTT 5167552
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [NAME] [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] (previously known as [NAME]) to pay [COMPANY], [NAME], and [NAME] $1,665.50 from the bond, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $2,320.00 (6129420-025 ) immediately apportioned as follows:
[COMPANY] acting agent for [NAME] : $1,665.50
[NAME]: $654.50
Description Landlord Tenant Cleaning $200.00 Carpet Cleaning $300.00 Repairs: Walls $1,138.50 Filing fee reimbursement $27.00 Total award $1,665.50
__________________________________________________________________________________ 5167552 2
Bond $1,665.50 $654.50
Reasons:
1. Both parties attended the hearing. [NAME] and Ms [NAME] represented the landlord.
2. 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?
3. I am satisfied that the landlord has provided sufficient evidence (in particular photographic evidence) to establish that the oven and blinds at the premises were not left reasonably clean as required by section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act). I am also satisfied that the landlord has established that the carpets required cleaning due to stains and because the tenant kept a dog.
4. The amounts claimed has been established by the production of invoices. However, I have reduced the amount claimed ($304.75) to clean the premises because it includes cleaning of areas other than the blinds and oven and [NAME] said that the premises (other than the blinds and oven) were left reasonably clean. I have also reduced the amount claimed ($431.25) to clean the carpets because it includes removal of stains in the lounge when the pre tenancy report records that there were existing stains in this room. [NAME] claims that there were also existing stains in the master bedroom but there is no record of this in the pre tenancy report or any other evidence to support her claim.
Is the tenant responsible for the damage to the premises?
5. To be successful in a claim for damage, the 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: sections 40(2)(a), 41 and 49B of the Act.
6. There was no dispute that the damage to the walls occurred during the tenancy and was caused by [NAME] attempting to remove mould from the walls in two bedrooms and the bathroom. [NAME] claims that she used a product called “Exit Mould” to do so which resulted in damage to the walls.
__________________________________________________________________________________ 5167552 3
7. The damage is beyond fair wear and tear and I am satisfied that it was caused by [NAME] carelessness in using a product on the walls without first testing it in a small area to ensure that it would not cause damage.
8. The amount claimed has been established by the production of an invoice.
9. The landlord has been mostly successful in its claims, and I consider this an appropriate case to ward it payment of the Tribunal application fee.
[NAME]
30 April 2025
__________________________________________________________________________________ 5167552 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/
__________________________________________________________________________________ 5167552 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 landlord provided photographic evidence that the oven and blinds were not left reasonably clean.
- The landlord proved that carpets needed cleaning due to stains and because the tenant kept a dog.
- The damage to the walls was beyond fair wear and tear and caused by the tenant's carelessness.
- The amounts claimed for cleaning and repairs were established by invoices.
- The landlord was awarded the Tribunal application fee because they were mostly successful in their claims.
❌ Tends to be rejected
- The landlord's claim for general cleaning was reduced because some areas were already reasonably clean.
- The landlord's claim for carpet cleaning was reduced because existing stains in the lounge were noted in the pre-tenancy report.
- The tenant's claim of existing stains in the master bedroom was not supported by evidence.
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 $1,665.50 from the bond for damages and cleaning costs.
What was the dispute about?
The dispute was about whether the tenant was responsible for damages and cleaning costs that exceeded fair wear and tear.
How did the court decide, and why?
The court decided that the tenant was liable for the damages and cleaning costs because the damages were caused by the tenant's actions and exceeded fair wear and tear.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(2)(a), 41, and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was that the damages were caused by the tenant's actions and were not due to normal wear and tear.
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?
Someone in a similar situation should be aware that they could be held responsible for damages and cleaning costs if they exceed fair wear and tear.
What evidence or documents mattered?
Photographic evidence and invoices for cleaning and repairs were important in this case.