Tenant Ordered to Pay $243.59 for End-of-Tenancy Damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $243.59 for damages at the end of the tenancy. The landlord provided photographic evidence showing that the tenant had not maintained the lawns and had left rubbish behind.
⚖️ Legal holding
A tenant is responsible for leaving the premises reasonably clean and tidy, removing all rubbish, and replacing worn-out smoke alarm batteries during the tenancy.
📖 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 $243.59 for damages at the end of the tenancy.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $243.59 for damages at the end of the tenancy, including the cost of lawn maintenance and rubbish removal. The landlord provided photographic evidence of the state of the lawns and the rubbish left behind by the tenant.
📚 Full judgment Official document
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[2025] NZTT 5072411
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $243.59 immediately, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $210.00 (3113619-004) to Kāinga Ora– Homes And Communities immediately.
Description Landlord Tenant Lawns and Garden work $96.45 Rubbish removal $520.00 Rent credit $162.86 Total award $616.45 $162.86 Net award $453.59 Bond $210.00 Total payable by Tenant to Landlord $243.59
Reasons:
1. The landlord attended the hearing via remote teleconference. An attempt to contact the tenant on the telephone number provided was unsuccessful.
2. The landlord has applied for compensation and refund of the bond following the end of the tenancy.
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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. 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.
4. The tenant did not leave the lawns in a reasonably tidy condition and did not remove all rubbish.
5. The landlord provided photographic evidence of the state of the lawns at the end of the tenancy. The evidence also confirmed rubbish left behind by the tenant.
6. The landlord also provided an expense schedule confirming the amounts claimed. The original amount of $984.72 for rubbish removal was amended to $520.00 by the landlord during the hearing.
7. Having sighted the landlord’s evidence I am satisfied that the tenant is responsible for this debt.
8. The amounts ordered are proven.
M Manhire
14 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 lawns in a reasonably tidy condition.
- The tenant left rubbish behind after the tenancy ended.
- Photographic evidence showed the state of the lawns and the rubbish left by the tenant.
- The landlord provided an expense schedule confirming the amounts claimed for cleanup.
❌ Tends to be rejected
- The tenant did not provide any counter-evidence to dispute the condition of the property.
- The tenant did not attend the hearing to present their side of the story.
- The tenant did not replace worn-out smoke alarm batteries during the tenancy.
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 $243.59 for damages at the end of the tenancy.
What was the dispute about?
The dispute was about the state of the premises at the end of the tenancy, specifically the condition of the lawns and the presence of rubbish.
How did the court decide, and why?
The court decided that the tenant was responsible for the damages because they failed to leave the premises reasonably clean and tidy, as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 40(1)(ca) were applied.
What was the argument that mattered most?
The argument that mattered most was the photographic evidence provided by the landlord showing the state of the lawns and the rubbish left behind by the tenant.
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 reasonably clean and tidy at the end of the tenancy to avoid having to pay damages.
What evidence or documents mattered?
Photographic evidence of the state of the lawns and the rubbish left behind by the tenant mattered.