Tenant Ordered to Pay $3,986.75 for Damages and Cleaning Costs
📌 In brief
The Tenancy Tribunal ordered a tenant to pay $3,986.75 to the landlord for damages and cleaning costs after the tenant failed to clean the premises and remove rubbish at the end of the tenancy. The Tribunal found that the tenant breached their obligations under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is liable for damages and cleaning costs if they breach their obligations at the end of a tenancy.
📖 What the law says
This section states that when a tenancy ends, the tenant must leave the property in a reasonably clean and tidy condition, and remove all rubbish. In this case, the tenant was found not to have met these requirements.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay the landlord $3,986.75 for damages and cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $3,986.75 for damages and cleaning costs after finding that the tenant breached their obligations at the end of the tenancy. The Tribunal found that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish, and did not return the keys.
📚 Full judgment Official document
__________________________________________________________________________________ 5097688 1
[2025] NZTT 5097688
TENANCY TRIBUNAL - [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Stokes Valley, Lower Hutt 5019
ORDER
1. [NAME] and [NAME] must pay [The landlord/s] $3,986.75 immediately, calculated as shown in table below.
Description Landlord Tenant Window repairs $1,455.23 Lock/key replacement $141.27 Cleaning $483.00 Rubbish removal 3 hours $207.00 Repairs Reimbursement of filing fee
$1,673.25 27.00
Total award $3,986.75 Total payable by Tenant to Landlord $3,986.75
2. An application for suppression has been made and the Tribunal orders suppression of the landlord’s identifying details.
__________________________________________________________________________________ 5097688 2
Reasons:
1. The landlord attended the hearing represented by [NAME].
2. The tenants did not attend and did not answer the calls made to their phone during the hearing. They had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in their absence.
3. The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
4. 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) RTA.
5. The landlord has established in oral and pictorial evidence that the tenants did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys. It appears no cleaning was undertaken, and a considerable amount of rubbish was left, particularly in the shed.
6. The amounts ordered are proven and considered reasonable in the circumstances.
Is the tenant responsible for the damage to the premises?
7. The landlord has proven in evidence that during the tenancy two windows were smashed, one ranch slider panel was smashed, there was a broken floorboard in the kitchen, the chimney flue had been pulled away, there were numerous holes in the walls that had been partly, but not completely repaired, and a curtain and blind had been damaged. They seek compensation for having to repair the damage.
8. To be successful in such a claim, 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. Having considered the photos of the damage and the nature and extent of the damage, I am satisfied that it was all caused intentionally. Accordingly, the tenant is liable for the costs as sought which are considered reasonable in the circumstances.
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10. In making the award have taken into account 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 be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
11. Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and approve their claim for suppression.
K Lash 25 February 2025
__________________________________________________________________________________ 5097688 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 [NAME]/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 [NAME]/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: [NAME]/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
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.[NAME]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/disputes/enforcing-decisions/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant did not leave the premises clean and tidy.
- The tenant left a considerable amount of rubbish, especially in the shed.
- Two windows were smashed, one ranch slider panel was broken, and other damages occurred.
- The damages were intentional and not due to fair wear and tear.
- The landlord proved that the tenant did not return all keys and security devices.
❌ Tends to be rejected
- The tenant did not provide any evidence or attend the hearing to refute the claims.
- The tenant did not show that the damages were due to fair wear and tear or accidental.
- The tenant did not demonstrate that they did not carelessly or intentionally cause the damage.
- The tenant did not prove that they had permission for others to cause damage at the premises.
- The tenant did not request a rehearing or appeal the decision.
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 $3,986.75 for damages and cleaning costs.
What was the dispute about?
The dispute was about the tenant's failure to clean the premises and remove rubbish at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant was liable for the damages and cleaning costs because they breached 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), 40(2)(a), 41, and 49B were 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, did not remove all rubbish, and did not return the keys.
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 they fulfill their obligations at the end of a tenancy to avoid being ordered to pay damages and cleaning costs.
What evidence or documents mattered?
Photos of the damage and the nature and extent of the damage were presented as evidence.