Tenant Ordered to Pay $2,612.56 for Damages and Cleaning Costs
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $2,612.56 for damages and cleaning costs after the tenant failed to leave the premises reasonably clean and tidy at the end of the tenancy.
⚖️ Legal holding
A tenant is liable for damages and cleaning costs if they fail to leave the premises reasonably clean and tidy.
📖 What the law says
This section states that a tenant must keep the rented property reasonably clean and tidy. It also requires the tenant, when moving out, to leave the property in a reasonably clean and tidy condition and remove all their belongings and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord for damages and cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $2,612.56 for damages and cleaning costs after the tenant failed to leave the premises reasonably clean and tidy at the end of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5206092
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent for [NAME] $2,612.56 immediately, calculated as shown in table below.
Description Landlord Tenant Cleaning and rubbish removal $1,380.00 Lock/key replacement $205.56 Insurance excess to repair kitchen benchtop $250.00 Insurance excess to replace carpet $500.00 Insurance excess to replace cook top $250.00 Filing fee reimbursement $27.00 Total award $2,612.56 Total payable by Tenant to Landlord $2,612.56
Reasons:
1. The landlord attended the video hearing represented by [NAME]. The tenant did not join the video hearing. The Tribunal also attempted to call the tenant on the telephone number provided for her in the application, but the calls
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disconnected. I am satisfied that the tenant received notice of the hearing and did not attend.
2. The landlord has applied for compensation 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. 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 (RTA).
4. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish as shown in photos produced in evidence at the hearing. The cleaning charges included attempts to clean carpet stains and a kitchen benchtop stain. The stains could not be removed, and the landlord seeks further costs incurred to remedy those items which I deal with below.
5. The tenant did not return the keys.
6. The amounts ordered are proved.
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. The owner held cover with an excess of $250 per incident.
9. If any damaged items require replacement, I must consider betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
10. The following damage was caused during the tenancy:
a. The kitchen benchtop was stained which could not be removed by ordinary cleaning. However, it was repaired by a professional stone cleaning and polishing process for $718.75. The landlord was covered by insurance for
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the claim less the excess of $250. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which I find was careless. The tenant is liable for the insurance excess of $250.
b. The carpet and underlay were stained in several areas of the living room and in the doorway of bedroom 2. The stains could not be removed by cleaning. The carpet was replaced at a cost of $2,798. The landlord was covered by insurance less an excess of $250 applied to each of the two areas. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which I find was careless. The landlord advised that the carpet was brand new at the start of the tenancy. Applying depreciation would not reduce the claim below the excess. Therefore the tenant is liable for the two insurance excesses totalling $500.
c. The cook top was cracked and replaced at a cost of $2,252.85. The landlord was covered by insurance less an excess of $250. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which I find was careless. The landlord advised that the cook top was brand new at the start of the tenancy. Applying depreciation would not reduce the claim below the excess. Therefore, the tenant is liable for the excess of $250.
11. The amounts ordered are proved.
12. Because the landlord has succeeded with the claims, they are entitled to reimbursement of the filing fee.
[NAME]
12 May 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 and tidy.
- The tenant did not remove all rubbish from the premises.
- The tenant did not return the keys to the landlord.
- The tenant did not disprove liability for the damage to the kitchen benchtop, carpet, and cook top.
- The landlord was covered by insurance for the damage, limiting the tenant's liability to the insurance excess.
❌ Tends to be rejected
- The tenant did not provide evidence to show that the damage was due to fair wear and tear.
- The tenant did not provide proof that they did not carelessly or intentionally cause the damage.
- The tenant did not return the premises to the condition they were in at the beginning of the tenancy.
- The tenant did not demonstrate that the landlord's claim exceeded the actual value of the damage.
- The tenant did not attend the video hearing or respond to the tribunal's attempts to contact them.
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 $2,612.56 for damages and cleaning costs.
What was the dispute about?
The dispute was about the tenant's failure to leave the premises reasonably clean and tidy at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant was responsible for the damages and cleaning costs because they did not fulfill their obligations at the end of the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 49B(3)(a) 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 tidy, resulting in damages and cleaning costs.
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 they leave the premises reasonably clean and tidy at the end of the tenancy to avoid similar costs.
What evidence or documents mattered?
Photos showing the state of the premises and invoices for damages and cleaning costs were presented as evidence.