Tenant Ordered to Pay $1,670.35 for Cleaning and Repairs
📌 In brief
In a recent Tenancy Tribunal case, a tenant was ordered to pay $1,670.35 to the landlord for cleaning and repair costs after failing to leave the premises in a reasonable state and causing damage beyond fair wear and tear.
⚖️ Legal holding
A tenant is responsible for leaving the premises clean and for repairing any damage beyond fair wear and tear.
📖 What the law says
This section outlines a tenant's responsibilities, including keeping the premises reasonably clean and tidy. It also requires a 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 the landlord $1,670.35 for damages and cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $1,670.35 for cleaning and repair costs after the tenant failed to leave the premises in a reasonable state and caused damage beyond fair wear and tear.
📚 Full judgment Official document
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[2025] NZTT 5068876
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [NAME] $1,670.35 immediately, calculated as shown in table below.
2. The [COMPANY] is to pay the bond of $1,300.00 (6510508-001) to [NAME] immediately.
Reasons:
1. Only the applicant landlord attended the hearing which took place by teleconference on 4 February 2025. The tenants were called on the numbers provided but there was no response.
2. The tenancy started on 9 September 2023 and ended on 1 November 2024.
Description Landlord Rubbish removal $213.35 Repairs: Walls $1,500.00 Window repairs $359.00 Cleaning: and carpet cleaning $871.00 Filing fee reimbursement $27.00 Total award $2,970.35 Minus Bond $1,300.00 Total payable by Tenant to Landlord $1,670.35
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3. The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
4. The onus is on the landlord to provide evidence to prove the claims and the compensation sought on the balance of probabilities.
Did the tenant comply with their obligations at 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986
6. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided a video of the condition of the premises at the end of the tenancy. The landlord provided an invoice for a flexibin pick up of $189.00 and $24.35 for the tip fee. The landlord also sought other charges for labour for rubbish removal and provided an advertised cost for the purchase of the flexibin but as no actual invoice or evidence of payment made by her were provided these have not been ordered. The landlord provided invoices for cleaning and carpet cleaning and these amounts totalling $871.00 have been ordered.
Is the tenant responsible for the damage to the premises?
7. 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.
8. 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.
9. 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.
10. 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.
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11. The following damage was caused during the tenancy: a broken door and holes in wall in the granny flat. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. A video of the damage was provided. The landlord has provided an invoice for the glass repair and this amount of $359.10 will be ordered. The landlord has also provided a settlement statement from sale of the property recording that $2000 is being held pending repairs of the walls. As no evidence of the exact cost of repairs is provided the Tribunal takes a cautious approach and will order 75 percent of the amount in the sum of $1500.00.
12. The amounts ordered are less than the landlord’s insurance excesses.
13. The landlord also sought compensation for electrical repairs, but insufficient evidence was provided to prove this claim.
14. [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
G Guptill
14 February 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 provided a video showing the condition of the premises at the end of the tenancy, supporting claims of rubbish and uncleanliness.
- The landlord provided invoices for cleaning and carpet cleaning, which were accepted as proof of cost.
- The landlord provided an invoice for glass repair, which was accepted as proof of cost for a broken door.
- The landlord provided a settlement statement showing funds held for wall repairs, leading to a partial award for that damage.
- The landlord substantially succeeded with the claim, leading to reimbursement of the filing fee.
❌ Tends to be rejected
- The landlord's claim for electrical repairs was rejected due to insufficient 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 the landlord $1,670.35 for cleaning and repair costs.
What was the dispute about?
The dispute was about the condition of the rental property at the end of the tenancy and the responsibility for cleaning and repairs.
How did the court decide, and why?
The court decided that the tenant was responsible for the costs because they did not leave the premises clean and tidy and caused damage beyond fair wear and tear.
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 most important argument was that the tenant had not left the premises in a reasonable state and had caused damage beyond fair wear and tear.
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 premises are left clean and tidy and that any damage is repaired before the end of the tenancy.
What evidence or documents mattered?
The evidence included a video of the condition of the premises, invoices for cleaning and repair services, and a settlement statement from the sale of the property.