Tenant Ordered to Pay $3,026.08 for Damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $3,026.08 to the landlord for various charges including cleaning and key replacement. The tenant failed to leave the premises reasonably clean and tidy and did not remove all rubbish.
⚖️ Legal holding
A tenant must pay for damages and cleaning costs incurred due to the state of the premises at the end of the tenancy.
📖 What the law says
This section 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 rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay $3,026.08 to the landlord for various charges including cleaning and key replacement.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $3,026.08 to the landlord for various charges including cleaning and key replacement. The tenant failed to leave the premises reasonably clean and tidy and did not remove all rubbish.
📚 Full judgment Official document
__________________________________________________________________________________ 5118128 1
[2025] NZTT 5118128
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For [NAME] & [NAME] $3,026.08 immediately, calculated as shown in table below.
Description Landlord Tenant Previous order application 5034868 dated 05/11/2024 $1,121.29 Water rates $98.29 Lock/key replacement $437.00 Cleaning $667.00 Rubbish removal $250.00 Carpet Cleaning $253.00 Hedging $172.50 Filing fee reimbursement $27.00 Total award $3,026.08 Total payable by Tenant to Landlord $3,026.08
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Reasons:
1. This application was scheduled to be heard by video conference. The tenant did not link to the Teams link provided to him and nor did he answer either of the calls I made to his phone. The hearing proceeded in his absence.
2. The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
3. I note that this order incorporates the previous order against the tenant for application number 5034868.
How much is owed for water rates??
4. The tenancy ended on 19 November 2024. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy - $98.29.
Did the tenant comply with their obligations at the end of the tenancy?
5. 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.
6. The photographs taken after the tenant had vacated show that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The premises were particularly dirty and I accept that they required a significant clean.
7. The carpets throughout were left dirty and unvacuumed with significant staining in the lounge.
8. I have dismissed that part of the claim that related to gardening because I consider that the photographs show that the garden was left in a reasonable condition.
9. However, I accept the evidence that the tenant removed a lot of vegetation including trees without permission. He is required to pay the cost of planting 6 hedging plants as replacement.
10. I also accept the evidence that the tenant did not return the keys. He is therefore required to pay the cost of the lock and key replacement.
11. The amounts ordered to remedy these issues are proved by invoices.
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Filing fee reimbursement
12. The landlord has substantially succeeded with the claim and so the tenant is also required to reimburse them the filing fee.
C ter Haar
07 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 was ordered to pay for water rates because invoices proved the amount owing at the end of the tenancy.
- The tenant was required to pay for cleaning because photographs showed the premises were not left reasonably clean and tidy.
- The tenant was ordered to pay for carpet cleaning due to dirty and unvacuumed carpets with significant staining.
- The tenant had to pay for hedging plants because they removed vegetation, including trees, without permission.
- The tenant was required to pay for lock and key replacement because they did not return the keys.
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 $3,026.08 to the landlord for various charges including cleaning and key replacement.
What was the dispute about?
The dispute was about the state of the premises at the end of the tenancy, including cleaning and key replacement costs.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for the costs associated with cleaning and replacing locks and keys, as well as other expenses, because the tenant did not leave the premises in a reasonable state at the end of the tenancy.
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 did not leave the premises reasonably clean and tidy and did not remove all rubbish.
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 reasonable state at the end of the tenancy to avoid such charges.
What evidence or documents mattered?
Photographs taken after the tenant had vacated showed that the premises were particularly dirty and required a significant clean.