Tenant Ordered to Pay $3,593.67 for Damages at End of Tenancy
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $3,593.67 for damages and cleaning costs incurred at the end of the tenancy. The Tribunal found that the tenant had not left the premises reasonably clean and tidy as required by the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant must leave the premises reasonably clean and tidy and must replace 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 the tenancy. It also requires the tenant to leave the property in a reasonably clean and tidy condition and remove all rubbish when the tenancy ends.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay the landlord $3,593.67 for damages and cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $3,593.67 for damages and cleaning costs incurred at the end of the tenancy. The Tribunal found that the tenant had not fulfilled their obligations under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5152693
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $3,593.67 immediately, calculated as shown in table below.
Description Landlord Tenant Lawns and Garden work $96.45 Rubbish removal: Outside $984.72 Cleaning: Kitchen cabinetry cleaning $102.13 Rubbish removal: Inside $983.91 Repairs: Plaster board repair $43.34 Oven/stove cleaning $162.46 Repairs: Plaster board repair $130.02 Repairs: Plaster board repair bedroom $346.72 Hallway door replacement $246.03 Repairs: Plaster board repair lounge $130.02 Window repairs: Kitchen glass replacement $121.84 Internal living room door replacement $246.03 Total award $3,593.67 Total payable by Tenant to Landlord $3,593.67
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Reasons:
1. The landlord attended the hearing via remote teleconference. There was no attendance by the tenant. An attempt to contact the tenant on the telephone number provided went straight to voicemail. The hearing continued in her absence.
2. The landlord has applied for compensation following the end of the tenancy. The tenancy ended on 4 December 2024.
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 landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
5. The landlord provided comprehensive photographic evidence in support of all claims. The entry photographs taken at the start of the tenancy in August 2018 show the premises in very good condition. There was no evidence of damage or a lack of cleanliness. The exit photographs confirm the state of the premises at the conclusion of the tenancy. There was significant rubbish, furniture, and household items throughout the property, inside and out. The oven was left in a filthy state. The lawn was overgrown.
6. Having sighted the landlord’s photographic and expense evidence provided in support of these claims I am entirely satisfied that the tenant has breached her obligations in this regard.
7. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
8. 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.
9. Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the
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damage is presumed to have occurred after that date unless the tenant proves otherwise.
10. 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.
11. Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
12. 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) RTA.
13. Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
14. The following damage was caused during the tenancy: damage to numerous walls, internal doors and kitchen window glass. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided comprehensive photographic evidence of the damage throughout the premises. I have also sighted the landlord’s expense ledger filed in support of the amounts claimed.
15. I am entirely satisfied that the damage is intentional. The tenant is therefore liable for the full cost of repairs and replacement.
16. The amounts ordered are proved.
17. The landlord does not seek reimbursement of the application filing fee.
[NAME]
22 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 landlord provided many photos showing the property's condition at the start and end of the tenancy.
- The property was left with a lot of rubbish, furniture, and household items both inside and outside.
- The oven was left very dirty at the end of the tenancy.
- The lawn was overgrown when the tenancy ended.
- The damage to walls, internal doors, and kitchen window glass was more than normal wear and tear.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenant to pay the landlord $3,593.67 for damages and cleaning costs.
What was the dispute about?
The dispute was about the tenant leaving the rental property in a dirty and damaged condition at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for the damages and cleaning costs because the tenant failed to meet their obligations under 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 most important argument was that the tenant had not left the premises reasonably clean and tidy as required by the Residential Tenancies Act 1986.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that they leave the rental property in a clean and undamaged condition at the end of the tenancy to avoid having to pay for damages and cleaning costs.
What evidence or documents mattered?
Photographic evidence of the condition of the property at the end of the tenancy and the landlord's expense ledger were critical pieces of evidence.