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AllowedTenancy Tribunal·

Tenant Ordered to Pay $4,171.19 for Damages and Cleaning

Case No.

📌 In brief

The Tenancy Tribunal ordered the tenant to pay the landlord $4,171.19 for damages, cleaning, lawn mowing, and repairs after the tenant failed to leave the premises reasonably clean and tidy and did not remove all rubbish.

⚖️ Legal holding

A tenant is required to leave the premises reasonably clean and tidy, remove all rubbish, and repair any damage beyond fair wear and tear.

Topics

damagescleaningrepairsfair wear and tear

Provisions

📖 What the law says

Residential Tenancies Act 1986 s.40

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 Tribunal ordered the tenant to pay the landlord for damages, cleaning, lawn mowing, and repairs.

📜 Headnote Official document

The Tenancy Tribunal ordered the tenant to pay the landlord $4,171.19 for damages, cleaning, lawn mowing, and repairs after the tenant failed to leave the premises reasonably clean and tidy and did not remove all rubbish.

📚 Full judgment Official document

__________________________________________________________________________________ 5429500 1

[2026] NZTT 5429500

TENANCY TRIBUNAL AT PUKEKOHE | TE TARAIPIUNARA RETIHANGA KI PUKEKOHE

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] $4,171.19 immediately, calculated as shown in table below.

Description Landlord Tenant Cleaning $618.06 Rubbish removal $2,134.73 Lawns and Garden work $350.00 Repairs: 6x hole patches $240.96 Repairs: Doorsx2, door jambs and locks $589.30 Window repairs $238.14 Total award $4,171.19 Total payable by Tenant to Landlord $4,171.19

Reasons:

1. [NAME] for the landlord attended today’s video hearing. The tenant did not attend via video link or call in to the hearing. The tenant was called on the number she provided the landlord with at the end of her tenancy, but that number was answered by someone who said that they did not know the tenant.

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2. The tenant was also called on the number in the tenancy agreement, but that call was not answered.

3. I am satisfied that the tenant was given notice of today’s hearing and have proceeded in her absence.

4. The landlord has applied for rent compensation for damages, cleaning lawnmowing and repairs to the property following the end of the tenancy.

5. At the beginning of today’s hearing the landlord withdrew their claim for rent arrears and some of the damages claims.

6. This was a tenancy of only 17 months. The tenant gave notice to end the tenancy, and the tenancy ended on the 2 December 2025.

7. The landlord conducted an inspection on the 2 December 2025. Shortly before the tenancy ended the landlord had conducted a routine inspection (14 November 2025) and both the routine and final inspection photos were provided to the Tribunal in evidence.

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

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. .

9. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The photographs in the final inspection report show a property that has been left ‘as is’. Much of the property is the same or a worse state than it was in the inspection of the 14 November. The tenant appears to have simply removed what she has wanted and made no attempt to clean the property or remove her rubbish.

10. I am satisfied that the landlord had to clean the property and remove the considerable amount of rubbish and old belongings left behind by the tenant. I am satisfied that the amounts claimed are reasonable for the work that was done to remedy the breach and award those amounts to the landlord.

11. I am also satisfied that the tenant did not mow her lawns for a long period of time. In the inspection of the 14 November the lawns are very overgrown and no attempt to cut them has been made at the end of the tenancy. The backyard is large, and I am satisfied that the lawns would need to be slashed then mown to restore them to a reasonable condition.

12. The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

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13. 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.

14. The following damage was caused during the tenancy:

• Holes in the wall/ceiling - in the living room ceiling, dining room ceiling and wall, bedroom 1 wall, and two holes in bedroom 2.

• Two doors (in both bedrooms) that needed replacement, a door jamb needed replacement in bedroom 2 and new lock and doorknob.

• Two broken windows – one in the laundry and the other in the dining room.

15. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

16. The amounts ordered are proved.

17. I 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.

[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/

__________________________________________________________________________________ 5429500 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 did not leave the premises reasonably clean and tidy.
  • The tenant did not remove all rubbish from the property.
  • The tenant did not mow the lawns for a long period of time.
  • The tenant is responsible for the damage to the premises, which exceeded fair wear and tear.
  • The landlord had to clean the property and remove the considerable amount of rubbish left behind by the tenant.

❌ Tends to be rejected

  • The tenant attempted to remove only what she wanted without making any effort to clean the property.
  • The tenant did not provide evidence to disprove liability for the damage caused during the tenancy.
  • The tenant did not address the overgrown state of the lawns at the end of the tenancy.

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 $4,171.19 for damages, cleaning, lawn mowing, and repairs.

What was the dispute about?

The dispute was about the tenant's failure to leave the premises reasonably clean and tidy, remove all rubbish, and repair any damage beyond fair wear and tear.

How did the court decide, and why?

The court decided that the tenant must pay the landlord for damages, cleaning, lawn mowing, and repairs because the tenant did not fulfill 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 and did not remove all rubbish, which required the landlord to clean and repair the property.

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?

For someone in a similar situation, it means they must ensure the premises are left reasonably clean and tidy, all rubbish is removed, and any damage beyond fair wear and tear is repaired.

What evidence or documents mattered?

Photographs from the final inspection report showing the state of the property were important evidence.

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.