Tenant Ordered to Pay $3,079.98 for Cleaning and Other Costs
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $3,079.98 for cleaning and other costs after the tenancy ended. The claim for an early termination fee was dismissed because the landlord did not provide sufficient evidence.
⚖️ Legal holding
A tenant is obligated to leave the premises reasonably clean and tidy, remove all rubbish, and return all keys upon termination 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 the landlord $3,079.98 for various costs, dismissing the claim for an early termination fee.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $3,079.98 for various costs, including cleaning and garden work, following the end of the tenancy. The claim for an early termination fee was dismissed due to lack of evidence.
📚 Full judgment Official document
__________________________________________________________________________________ 5123591 1
[2025] NZTT 5123591
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted] [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay Mog Limited T/A Angel Property Managers As Agent For [COMPANY] $3,079.98 immediately, calculated as shown in table below.
Description Landlord Tenant Previous order application 5019468 dated 28/11/2024 $2,689.86 Lock/key replacement $13.12 Cleaning: Gardens & Rubbish Removal $350.00 Filing fee reimbursement $27.00 Total award $3,079.98 Total payable by Tenant to Landlord $3,079.98
2. This order incorporates the Tribunal order made on 28 November 2024 under application 5019468.
3. The landlord’s claim for an early termination fee is dismissed.
Reasons:
1. A representative of the landlord attended the hearing.
2. The tenants did not attend by the video link provided with the notice of hearing. Neither tenant answered calls made to their mobile numbers during the hearing; the calls went to voicemail.
__________________________________________________________________________________ 5123591 2
3. The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
4. On 28 November 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 12 November 2024, being the end of the tenancy. The previous order is incorporated into this order for enforcement purposes.
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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant did not return the keys.
7. The landlord claimed $500 for cleaning, garden work and rubbish removal. That work was done by the incoming tenant, who provided an invoice to the landlord. The invoice has “round figures” for the work done, including $300 for lawn and exterior tidying. The landlord provided minimal photographs of the exterior. Some lawn work was required. I have made a deduction of $150 from the invoice presented to take account of the lack of evidence form the landlord as to the scope of work required.
Recovery of expenses incurred by the landlord
8. The landlord claimed an early termination fee of $857.80. The landlord claims that, when rent fell into arrears it agreed to an early termination of the tenancy with the tenant. See s50(1)(d) RTA.
9. A landlord who consents to an assignment under section 43B, to a subletting or parting with possession under section 44, or to termination of the tenancy in accordance with section 50(1)(d) is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the assignment, subletting, parting with possession, or termination. See s44A(1) RTA.
10. A landlord who seeks to recover expenses from a tenant in accordance with subsection (1) must first provide an itemised account of the expenses to the tenant. See s44A(2) RTA.1
1 Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $750.00. See section 44A(3) and Schedule 1A Residential Tenancies Act 1986.
__________________________________________________________________________________ 5123591 3
11. The landlord did not provide any evidence of the agreement with the tenant regarding early termination or release from the tenancy. The landlord also confirmed that it had not provided the tenant with an itemised account of the costs before seeking reimbursement.
12. The landlord did not establish that it was entitled to recovery of the costs claimed. This part of the application is dismissed.
13. As the landlord was partially successful, I have awarded reimbursement of the Tribunal application fee.
R Morgan
18 February 2025
__________________________________________________________________________________ 5123591 4
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/
__________________________________________________________________________________ 5123591 5
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 must leave the premises reasonably clean and tidy.
- The landlord is entitled to reimbursement of filing fees when partially successful.
- The landlord provided an invoice from the incoming tenant for cleaning and garden work.
❌ Tends to be rejected
- The landlord did not provide evidence of an agreement regarding early termination.
- The landlord did not provide an itemized account of the costs to the tenant before seeking reimbursement.
- The landlord failed to establish entitlement to recover the claimed early termination fee.
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 $3,079.98 for various costs, including cleaning and garden work.
What was the dispute about?
The dispute was about the tenant's failure to clean the premises and return keys at the end of the tenancy, and the landlord's claim for an early termination fee.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for cleaning and other costs because the premises were left unclean and untidy. The claim for an early termination fee was dismissed due to insufficient evidence.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e) and 44A(1), were applied.
What was the argument that mattered most?
The most important argument was that the tenant failed to leave the premises reasonably clean and tidy, and did not return the keys.
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 clean and tidy and return all keys to avoid similar costs.
What evidence or documents mattered?
The evidence included invoices for cleaning and garden work, and photographs of the exterior condition of the premises.