Tenant Ordered to Pay $1,742.68 for Cleaning and Repairs
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $1,742.68 for cleaning and repair costs after determining that the premises were left in a condition worse than fair wear and tear.
⚖️ Legal holding
A tenant is liable for cleaning and repair costs if the premises are left in a condition worse than fair wear and tear.
📖 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 property in a reasonably clean and tidy condition and remove all their belongings and rubbish.
This rule makes a tenant responsible for the actions of anyone they allow into the property. If that person does something that would break the tenancy agreement, it's treated as if the tenant did it.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord $1,742.68 for cleaning and repair costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $1,742.68 for cleaning and repair costs after finding that the premises were left in a condition worse than fair wear and tear.
📚 Full judgment Official document
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[2025] NZTT 5052728
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME], also known as [NAME], must pay [COMPANY] $1,742.68 immediately, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $1,800.00 (5909661-008) to [COMPANY] immediately.
Description Landlord Tenant Cleaning $235.75 Carpet Cleaning $263.35 Rubbish removal $411.12 Repairs to walls, doors, door frames, shower liner $1,986.05 Window repairs $619.41 Filing fee reimbursement $27.00 Total award $3,542.68 Bond $1,800.00 Total payable by Tenant to Landlord $1,742.68
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Reasons:
1. [NAME] attended the hearing for the landlord. The tenant was phoned on the numbers provided but the calls either went to voicemail or went unanswered.
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 her obligations at the end of the tenancy?
3. The tenant did not leave the premises reasonably clean and did not remove all rubbish as required by section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (the Act).
4. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
5. To be successful in a claim for damage to the premises the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they, or others at the premises with their permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Act.
6. The following damage was caused during the tenancy: doors, walls, door frames throughout the premises and the shower liner were damaged by holes and the like; and three windows were broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
7. The amounts ordered are proved.
8. The landlord has been successful in its claims and is therefore entitled to payment of the Tribunal application 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 tenant did not leave the premises reasonably clean.
- The tenant did not remove all rubbish as required.
- Damage to doors, walls, door frames, and the shower liner was caused during the tenancy.
- Three windows were broken during the tenancy.
- The damage exceeded fair wear and tear.
❌ Tends to be rejected
- The tenant did not provide evidence to disprove liability for the damages.
- The tenant did not attend the hearing and could not present a defense.
- The landlord successfully proved that the damage was more than fair wear and tear.
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 $1,742.68 for cleaning and repair costs.
What was the dispute about?
The dispute was about whether the tenant had left the rental property in a condition worse than fair wear and tear, requiring them to pay for cleaning and repairs.
How did the court decide, and why?
The court decided that the tenant was responsible for the cleaning and repair costs because the premises were left in a condition worse than 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 tenant did not leave the premises reasonably clean and did not remove all rubbish as required by the Act.
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 in a condition that reflects fair wear and tear to avoid having to pay for cleaning and repair costs.
What evidence or documents mattered?
Evidence included the condition of the premises, including cleaning and repair costs, as well as the condition of the doors, walls, and windows.