Tenant Ordered to Pay $4,859.50 for End-of-Tenancy Damages
📌 In brief
The Tenancy Tribunal ordered a tenant to pay the landlord $4,859.50 for damages and cleaning costs incurred at the end of the tenancy. The tenant did not comply with their obligations to leave the premises clean and return all keys.
⚖️ Legal holding
A tenant is responsible for leaving the premises clean and returning all keys upon termination of the tenancy.
📖 What the law says
This section states that a tenant must keep the rented property reasonably clean and tidy. When the tenancy ends, the tenant must leave the premises in a reasonably clean and tidy condition, remove all their belongings and rubbish, and return all keys.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay the landlord $4,859.50 for various damages and cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $4,859.50 for various damages and cleaning costs incurred at the end of the tenancy. The tenant failed to leave the premises clean and returned all keys as required by the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5105630
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] - As Agent For ([NAME]) [NAME] $4,859.50 immediately, calculated as shown in table below:
Description Landlord Cleaning $1,092.50 Filing fee reimbursement $27.00 Lawns and Garden work $60.00 Repairs: installing kitchen hob and drawer $1,644.50 Rubbish removal $1,127.00 Plaster and repaint holes in walls $632.50 Lock/key replacement $276.00 Total award $4,859.50 Total payable by Tenant to Landlord $4,859.50
Reasons:
1. The landlord attended the hearing, the tenant did not attend the hearing. The tenant was sent a notice of hearing and has chosen not to attend the hearing. I am conducting the hearing in the absence of the tenant.
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. 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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
5. The tenant did not return the keys at the end of the tenancy.
6. The landlord provided a pre let inspection report and photos and an exit inspection report and photos. The photos show that the property was dirty with rubbish left throughout the premises. The lawns were overgrown.
7. The landlord provided the Tribunal with invoices for the cost of the cleaning, lawn mowing, rubbish removal and replacement keys and locks.
8. I am satisfied that the landlord has proven their claims for cleaning, lawn mowing, rubbish removal and lock and key replacement.
Is the tenant responsible for the damage to the premises?
9. 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.
10. 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 damage is presumed to have occurred after that date unless the tenant proves otherwise.
11. 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.
12. 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
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tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A) (a) RTA.
13. 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.
14. 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.
15. The following damage was caused during the tenancy:
- The hob cook top was smashed.
- Kitchen cupboard was destroyed.
- The curtains were damaged and left on the floor and not hanging at the windows.
- There were four holes left in the walls of the property.
16. The landlord provided photos of the smashed cook top, smashed kitchen cupboard, holes in the walls and crumpled curtains on the floor.
17. The landlord provided invoices for the cost of repairing the holes in the walls and the kitchen cupboard, and replacing the hob cook top.
18. The landlord did not provide an invoice for the curtain and track replacement and was not able to advise which curtains were missing nor why the tracks needed to be replaced.
19. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
20. I am satisfied that the landlord has proven their claim for the cooktop and repairs to the walls and kitchen cupboard. I am not satisfied that the landlord has proven their claim for the curtain and track replacement, and so I am dismissing this claim.
21. 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. Having considered betterment, I do not consider that there should be a reduction for the cook top and the wall and cupboard repairs.
22. [COMPANY] - As Agent For ([NAME]) [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
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[NAME] 30 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 proved their claims for cleaning, lawn mowing, rubbish removal, and lock and key replacement by providing invoices.
- The landlord provided photographic evidence showing the property was dirty with rubbish and overgrown lawns.
- The tenant did not attend the hearing despite being sent a notice.
- The landlord provided pre-let and exit inspection reports and photos to show the property's condition.
- The landlord successfully proved their claim for the cooktop and repairs to the walls and kitchen cupboard.
❌ Tends to be rejected
- The landlord's claim for curtain and track replacement was dismissed because they did not provide an invoice or details.
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 $4,859.50 for various damages and cleaning costs incurred at the end of the tenancy.
What was the dispute about?
The dispute was about the tenant's failure to leave the premises clean and return all keys at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant was responsible for the damages and cleaning costs because they did not comply with 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(1)(ca), 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 clean and did not return all keys as required by the Residential Tenancies Act 1986.
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 premises clean and return all keys at the end of the tenancy to avoid similar costs.
What evidence or documents mattered?
Photos showing the dirty condition of the property, invoices for cleaning and repair costs, and pre-let and exit inspection reports mattered.