Tenant Ordered to Pay $2,230.40 for Damages and Cleaning Costs
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $2,230.40 for damages and cleaning costs that exceeded fair wear and tear. The tenant failed to leave the premises clean and tidy, leading to these charges.
⚖️ Legal holding
A tenant is liable for damages and cleaning costs that exceed fair wear and tear.
📖 What the law says
This section states that a tenant must keep the rented property reasonably clean and tidy during their tenancy. When the tenancy ends, the tenant must leave the property 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 $2,230.40 for various damages and cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $2,230.40 for damages and cleaning costs that exceeded fair wear and tear. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
📚 Full judgment Official document
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[2025] NZTT 5098391
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For [NAME] $2,230.40 immediately, calculated as shown in table below.
Description Landlord Tenant Water rates $380.95 Rubbish removal and cleaning $575.00 Repairs: walls $747.45 Carpet cleaning $500.00 Filing fee reimbursement $27.00 Total award $2,230.40 Total payable by Tenant to Landlord $2,230.40
Reasons:
1. Both parties attended the hearing via teleconference.
2. The landlord has applied for compensation, exemplary damages, and reimbursement of the filing fee following the end of the tenancy.
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How much is owed for water rates?
3. The tenancy ended on 22 November 2024. The landlord provided a water rates invoices which proves the amount owing at 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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
5. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The tenant does dispute this part of the claim.
6. I award $575.00 as claimed.
7. The landlord claimed $800.00 for carpet cleaning but was unable to provide an in-going inspection report. The tenant does not dispute he is responsible for some carpet cleaning.
8. Based on the general state of the premises at the end of the tenancy, I find it fair and reasonable that the tenant pay $500.00 for carpet cleaning.
9. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
10. 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.
11. 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.
12. 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.
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13. 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.
14. Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
15. The following damage was caused during the tenancy: marks on walls, hole behind door. The damage is more than fair wear and tear, and the tenant does not dispute the claim.
16. The amount ordered is proved.
17. The landlord also claimed $1,000.00 exemplary damages for the tenant failing to leave the premises clean and tidy and removal of rubbish. However, this is not an unlawful act under the RTA so this part of the claim must be dismissed.
18. [COMPANY] As Agent For [NAME] has substantially succeeded with the claim, the tenant must reimburse the filing fee.
A Macpherson 13 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. 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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant did not leave the premises reasonably clean and tidy.
- The tenant did not remove all rubbish at the end of the tenancy.
- The tenant is responsible for marks on walls and a hole behind the door, which exceeded fair wear and tear.
- The landlord provided invoices proving the amount owing for water rates.
- The tenant is liable for the cost of repairing damage that is intentional or results from activities at the premises.
❌ Tends to be rejected
- The tenant is not responsible for exemplary damages since leaving the premises unclean and untidy is not considered an unlawful act under the RTA.
- The landlord's claim for $800.00 for carpet cleaning was reduced to $500.00 due to lack of an in-going inspection report.
- The tenant did not provide sufficient evidence to dispute the claim for damages and cleaning costs exceeding 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 Tenancy Tribunal ordered the tenant to pay the landlord $2,230.40 for damages and cleaning costs that exceeded fair wear and tear.
What was the dispute about?
The dispute was about the tenant leaving the premises in a condition that required significant cleaning and repairs, resulting in costs for the landlord.
How did the court decide, and why?
The court decided that the tenant was responsible for the damages and cleaning costs because they exceeded fair wear and tear, as per the Residential Tenancies Act 1986.
Which laws or rules were applied?
Residential Tenancies Act 1986, s 40(1)(e)(ii)-(v) Residential Tenancies Act 1986, s 40(1)(ca) Residential Tenancies Act 1986, s 49B(1)
What was the argument that mattered most?
The argument that mattered most was that the tenant had left the premises in a condition requiring significant cleaning and repairs, which exceeded fair 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 ensure that they leave the premises in a clean and tidy condition, as failure to do so could result in significant costs.
What evidence or documents mattered?
The evidence included invoices for water rates, inspection reports, and proof of the state of the premises at the end of the tenancy.