Tenant Ordered to Pay $3,279.52 for Cleaning and Repairs at Tenancy End

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[2026] NZTT 5420303

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] $3,279.52 immediately, calculated as shown in table below.

Description Landlord Tenant Cleaning $104.26 Rubbish removal: interior $2,463.15 Rubbish removal: exterior $537.75 Lawns and Garden work $250.00 Repairs: dining room window $106.41 Repairs: wardrobe door bedroom one $215.95 Total award $3,677.52 Bond $398.00 Total payable by Tenant to Landlord $3,279.52

Reasons:

1. [NAME] appeared for the landlord via video. The tenant did not join the video link. I called the tenant on the contact number provided in the application. The call rang out. The matter has proceeded in the tenant’s absence.

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2. The tenancy commenced on 09 June 2021 and was periodic. On 10 October 2025, the tenant gave notice, and the tenancy ended on 07 November 2025.

3. On 10 November 2025, the landlord conducted an end of tenancy inspection.

4. On 23 December 2025, the landlord filed the following claim:

i. Failure to leave the kitchen cupboards reasonably clean,

ii. Rubbish removal (interior and exterior),

iii. Failure to leave lawns reasonably tidy,

iv. Damage to dining room window and wardrobe door.

Did the tenant comply with their obligations at the end of the tenancy?

5. The landlord claims that the tenant failed to leave the kitchen cupboards reasonably clean, failed to remove rubbish and belongings, and failed to return the lawn in a reasonable condition.

6. The landlord is claiming $104.26 for cleaning, $2,463.15 for removal of rubbish from the interior, $537.75 for removing rubbish from the exterior, and $250.00 for lawn maintenance.

7. The property has two bedrooms, a bathroom, a kitchen, a dining / lounge area, a laundry, and an internal garage.

Law

8. 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 (Act).

Analysis and decision

9. Based on the photographs, it appears that the tenant vacated the property, removing very few, if any, of their possessions, including beds, furniture, appliances, clothing, food, and household rubbish . It does not appear that any cleaning was completed. The lawns are knee to thigh high in areas.

10. I am satisfied that the tenant has failed to leave the property reasonably clean and tidy and remove all rubbish.

11. In the circumstances, the amounts claimed are reasonable and awarded.

Damage

12. The landlord claims that the tenant is responsible for damage to a window in the dining room and a wardrobe door in one of the bedrooms.

13. The landlord seeks $106.41 to replace the window and $215.95 to repair the door.

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14. The landlord has provided photographs showing the damage, as well as the pre- tenancy inspection report and photographs showing the condition of the damaged areas at the commencement of the tenancy.

Law

15. To succeed with a claim for damage, the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If this is established, the tenant must prove, to avoid liability, that they did not carelessly or intentionally cause or permit the damage. See sections 40(2)(a), 41 and 49B of the Residential Tenancies Act 1986 (Act).

16. Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. See Taylor v Webb [1937] 2KB 283 (CA).

17. 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) of the Act.

18. 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) of the Act.

19. Damage is intentional when a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional when a person does something or allows a situation to continue, knowing that damage is certain. See Guo v Korck [2019] NZHC 1541.

20. In dealing with the issue of carelessness, the question is whether the tenant was exercising a degree of care and attention that a reasonable and prudent tenant would exercise in the circumstances.

21. Under section 40(1)(d) of the Act, the tenant must notify the landlord, as soon as possible after discovery, of any damage to the premises or of the need for any repairs. A failure to do so may result in the tenant being liable for any subsequent damage.

22. The test is objective and not based on the subjective opinion of the tenant or landlord.

23. The Tribunal may award damages for losses arising from a breach that are reasonably foreseeable, that is, a loss that naturally flows from the breach. Losses that do not will be considered too remote.

24. When awarding compensation for damage, the Tribunal must also 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

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be better or worse off. In calculating betterment and depreciation, the Tribunal must consider the age and condition of the items at the start of the tenancy , as well as their estimated useful life.

Analysis and decision

25. I am satisfied that the damage occurred during the tenancy and that it is more than fair wear and tear.

26. The landlord does not have insurance for damage caused by tenants.

27. The amounts claimed to repair the damage are reasonable.

28. Only the damaged areas were repaired, and no deduction for betterment is made.

[NAME]

17 June 2026

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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, or the failure to make an order, where the amount in dispute on appeal is

less than $1000. • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is 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: