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AllowedTenancy Tribunal·

Tenant Ordered to Pay $1,838.72 for Cleaning and Rubbish Removal

Case No.

📌 In brief

The Tenancy Tribunal ruled that a tenant must leave the rental property clean and free of rubbish at the end of the tenancy. In this case, the tenant was ordered to pay the landlord $1,838.72 for cleaning and rubbish removal costs.

⚖️ Legal holding

A tenant must leave the premises reasonably clean and tidy, remove all rubbish, and return all keys and security devices at the end of the tenancy.

Topics

end of tenancy obligationscleaning and rubbish removal

Provisions

📖 What the law says

Residential Tenancies Act 1986 s.40

This section outlines a tenant's responsibilities, including keeping the premises reasonably clean and tidy. At the end of a tenancy, 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 claimant successfully obtained compensation for cleaning and rubbish removal costs following the end of the tenancy.

📜 Headnote Official document

The Tenancy Tribunal ordered the tenant to pay the landlord $1,838.72 for cleaning and rubbish removal costs after the tenant failed to leave the premises reasonably clean and tidy at the end of the tenancy.

📚 Full judgment Official document

__________________________________________________________________________________ 5120882 1

[2025] NZTT 5120882

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] $1,838.72 immediately, calculated as shown in table below.

Description Landlord Tenant Rubbish removal $1,259.92 Cleaning $494.30 Cleaning: oven $57.50 Filing fee reimbursement $27.00 Total award $1,838.72 Total payable by Tenant to Landlord $1,838.72

Reasons:

1. The landlord attended the hearing by telephone. An attempt was made to join the tenant to the hearing by telephone, but the call went unanswered.

2. The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

__________________________________________________________________________________ 5120882 2

Did the tenant comply with their obligations at the end of the tenancy?

3. 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.

4. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

5. The amounts ordered are proved.

6. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.

N Walker

12 March 2025

__________________________________________________________________________________ 5120882 3

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/

__________________________________________________________________________________ 5120882 4

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 property reasonably clean and tidy, which is a breach of their obligations.
  • The tenant failed to remove all rubbish from the premises at the end of the tenancy.
  • The landlord proved the amounts claimed for rubbish removal, cleaning, and oven cleaning.
  • The landlord was reimbursed for the filing fee because they fully succeeded with their claim.

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 $1,838.72 for cleaning and rubbish removal costs.

What was the dispute about?

The dispute was about the tenant's failure to clean the property and remove rubbish at the end of the tenancy.

How did the court decide, and why?

The court decided that the tenant must pay the landlord for the costs of cleaning and removing rubbish because the tenant did not leave the premises reasonably clean and tidy.

Which laws or rules were applied?

The Residential Tenancies Act 1986, section 40(1)(e)(ii)-(v) was applied.

What was the argument that mattered most?

The argument that mattered most was that the tenant had not met their obligation to leave the premises reasonably clean and tidy at the end of the tenancy.

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?

For tenants, this means they must ensure the property is left clean and free of rubbish at the end of the tenancy to avoid similar costs.

What evidence or documents mattered?

The judgment does not specify the evidence or documents that 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.
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