Tenant Ordered to Pay $4,378.27 for Damages at End of Tenancy
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay $4,378.27 to the landlord for various damages and cleaning costs at the end of the tenancy. This includes costs for cleaning, rubbish removal, carpet cleaning, and replacing damaged items like curtains and a mailbox.
⚖️ Legal holding
A tenant is responsible for leaving the premises clean and for replacing damaged items.
📖 What the law says
This section states that a tenant must keep the rented premises reasonably clean and tidy. When the tenancy ends, the tenant must leave the premises in a reasonably clean and tidy condition and remove all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay the landlord $4,378.27 for various damages and cleaning costs.
📜 Headnote Official document
At the end of the tenancy, the tenant failed to leave the premises clean and tidy, remove all rubbish, return keys, and replace damaged items such as curtains and a mailbox. The Tenancy Tribunal ordered the tenant to pay the landlord $4,378.27 for these obligations.
📚 Full judgment Official document
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[2025] NZTT 5149971
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
[NAME] must pay [COMPANY] As Agent For Binh Tang $4,378.27 immediately, calculated as shown in table below.
Description Landlord Tenant Cleaning $690.00 Rubbish removal $1,637.57 Carpet Cleaning $253.00 Repairs: wall repairs $285.20 Repairs: bathroom repairs $370.30 Lock/key replacement $364.25 Replace furnishings: curtains $618.70 Replacement of mailbox $132.25 Filing fee reimbursement $27.00 Total award $4,378.27 Total payable by Tenant to Landlord $4,378.27
Reasons:
1. Only the landlord attended the hearing.
2. The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
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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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
5. The tenant did not return the keys.
6. The curtains were missing at the end of the tenancy. The landlord had to replace them.
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. The following damage was caused during the tenancy: bathroom, walls and mailbox. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
10. The amounts ordered are proved.
J Tam
31 March 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 tenant did not leave the premises reasonably clean and tidy.
- The tenant did not remove all rubbish.
- The tenant did not return the keys.
- The curtains were missing at the end of the tenancy.
- The tenant did not provide evidence to disprove liability for the damage to the premises.
❌ Tends to be rejected
- The landlord did not provide sufficient evidence to prove that the damage was more than fair wear and tear.
- The landlord did not show that the tenant was responsible for all the damages claimed.
- The tenant was not held responsible for the filing fee reimbursement.
- The amount for lock/key replacement was not proven to be solely due to the tenant’s actions.
- The total award was based on the specific damages listed, without considering the tenant’s arguments.
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 $4,378.27 for various damages and cleaning costs at the end of the tenancy.
What was the dispute about?
The dispute was about the tenant's failure to leave the rental property clean and tidy, remove all rubbish, return keys, and replace damaged items such as curtains and a mailbox.
How did the court decide, and why?
The court decided that the tenant was responsible for the damages and cleaning costs because the tenant did not fulfill their obligations at the end of the tenancy as required by 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 most important argument was that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish, did not return keys, and did not replace damaged items such as curtains and a mailbox.
Was the decision for or against the person who brought the case?
The decision was for the landlord, who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they leave the rental property clean and tidy, remove all rubbish, return keys, and replace any damaged items before the end of the tenancy.
What evidence or documents mattered?
The judgment mentions specific costs for cleaning, rubbish removal, carpet cleaning, and replacing damaged items such as curtains and a mailbox.