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DismissedTenancy Tribunal·

Tenant Ordered to Pay $356.25 for Cleaning and Repairs

Case No.

📌 In brief

The Tenancy Tribunal ordered the tenant to pay the landlord $356.25 for cleaning and repair costs. The Tribunal determined that the tenant did not leave the premises reasonably clean and that certain damages were beyond fair wear and tear.

⚖️ Legal holding

A tenant is responsible for leaving the premises clean and for repairing damage beyond fair wear and tear.

Topics

cleaning costsrepair costsfair wear and tear

Provisions

📖 What the law says

Residential Tenancies Act 1986 s.40

This rule states that a tenant must keep the rented property reasonably clean and tidy during the tenancy. It also requires the tenant, when moving out, to leave the premises in a reasonably clean and tidy condition and remove all rubbish.

Residential Tenancies Act 1986 s.41

This rule makes a tenant responsible for actions of others who are on the property with the tenant's permission. If those actions would have broken the tenancy agreement had the tenant done them, the tenant is held accountable.

Plain-English explanation — does not replace advice from a lawyer.

📖 Technical summary

The Tribunal ordered the tenant to pay the landlord $356.25 for damages and cleaning costs.

📜 Headnote Official document

The Tenancy Tribunal ordered the tenant to pay the landlord $356.25 for cleaning and repair costs. The Tribunal found that the tenant failed to leave the premises reasonably clean and that certain damages were beyond fair wear and tear.

📚 Full judgment Official document

__________________________________________________________________________________ 5430869 1

[2026] NZTT 5430869

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] $356.25 immediately, calculated as shown in table below.

2. The Bond Centre is to pay the bond of $278.00 (3025463-010) to Kāinga Ora– Homes And Communities immediately.

Description Landlord Tenant Cleaning $290.00 Repair 4 holes in walls $160.61 Replace handbasin $353.39 Replace stove $316.25 Payments already made $486.00 Total award $1,120.25 $486.00 Net award $634.25 Bond $278.00 Total payable by Tenant to Landlord $356.25

Reasons:

1. Both parties attended the hearing – the landlord by video conference and the tenant by telephone.

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2. This tenancy began on 16 August 2013 and ended on 1 October 2025. The landlord has made a claim to the Tribunal seeking compensation for costs incurred at the end of the tenancy.

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.

4. The photographs show that the premises were not left reasonably clean.

5. The landlord claims $318.53 as the cost of cleaning to a reasonable standard and the cost of cleaning the carpet.

6. I have reduced this amount to $290.00 because I accept the tenant’s evidence that tradespeople attending the premises left the manhole cover in a very dirty condition.

Is the tenant responsible for the damage to the premises?

7. 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.

8. The following damage was caused during the tenancy:

(a) 4 holes in the walls; and

(b) A broken handbasin; and

(c) A stove that was beyond repair.

9. This damage was beyond fair wear and tear.

10. The amounts ordered to remedy these issues are proved.

11. I have taken into account betterment and depreciation with regards to the stove. I do so because 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.

Payments made

12. I note that the tenant has been making weekly payments towards these costs.

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13. As today’s date she has paid a total of $486.00, which has reduced the amount currently owing to $356.25.

C ter Haar

17 June 2026

__________________________________________________________________________________ 5430869 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, 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/

__________________________________________________________________________________ 5430869 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 landlord proved that the premises were not left reasonably clean at the end of the tenancy.
  • The landlord proved that damage occurred during the tenancy and was beyond fair wear and tear.
  • The landlord proved the amounts needed to fix the damage to the walls, handbasin, and stove.
  • The tenant's weekly payments reduced the total amount owed to the landlord.

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 $356.25 for cleaning and repair costs.

What was the dispute about?

The dispute was about whether the tenant was responsible for cleaning costs and repair costs for damages beyond fair wear and tear.

How did the court decide, and why?

The court decided that the tenant was responsible for the costs because the premises were not left reasonably clean and the damages were beyond fair wear and tear.

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 must leave the premises reasonably clean and that the damages were beyond fair wear and tear.

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 the premises are left reasonably clean and that any damages are within fair wear and tear to avoid similar costs.

What evidence or documents mattered?

Photographs showing the state of the premises and evidence of the costs incurred by the landlord mattered.

Official source: Tenancy Tribunal headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Tenancy Tribunal and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.
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