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Tenant Ordered to Pay $427 for Oven Cleaning and Lawn Work

Case No.

📌 In brief

In a recent Tenancy Tribunal case, a tenant was ordered to pay $427 from the bond for oven cleaning and lawn/garden work. The Tribunal dismissed other claims related to general maintenance and painting.

⚖️ Legal holding

A tenant is responsible for leaving the premises reasonably clean and tidy, including oven cleaning and lawn/garden maintenance.

📖 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 during their tenancy. It also requires the tenant to leave the property in a reasonably clean and tidy condition when they move out, and to remove all their belongings and rubbish.

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

📖 Technical summary

The Tribunal ordered the tenant to pay $427 from the bond for oven cleaning and garden work, dismissing other claims.

📜 Headnote Official document

The Tenancy Tribunal ordered the tenant to pay $427 from the bond for oven cleaning and lawn/garden work, dismissing other claims related to general maintenance and painting.

📚 Full judgment Official document

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[2025] NZTT 5056571

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] and [NAME] to pay [COMPANY] As Agent For [COMPANY] $427.00 from the bond, calculated as shown in table below.

Description Landlord Tenant Oven/stove cleaning $100.00 Lawns and Garden work $300.00 Filing fee reimbursement $27.00 Total award $427.00 Bond $427.00 $2,873.00

2. The Bond Centre is to pay the bond of $3,300.00 (5441697-007) immediately apportioned as follows:

[COMPANY] As Agent For [COMPANY]: $427.00

[NAME] and [NAME]: $2,873.00

3. The Landlord’s other claims are dismissed.

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Reasons:

1. Both parties attended the hearing.

2. The landlord has applied for compensation, refund of the bond, 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?

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 landlord claims that the tenant did not leave the grounds or the oven reasonably clean and tidy. The landlord provided photographs and receipts to establish these claims.

5. The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

6. 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.

7. The landlord claimed for a replacement LED light ($135.13), “general maintenance” ($163.88) and painting ($1,495). The landlord did not establish that the first two items were “damage”. The landlord’s representative did not refer me to specific evidence of the alleged damage. I find that these were maintenance items which a landlord would usually be expected to attend to. The claims are dismissed.

8. The landlord claimed for painting of a bedroom because a patch of wallpaper was torn off at the base of one wall. The in-going inspection describes the wallpaper as “peeling in places, nothing major”. The in-going photographs also confirm that the wallpaper was old and worn at the start of the tenancy.

9. The tenant disputes liability for repainting the bedroom and says that the wallpaper would not have torn if it had not already been peeling. I accept that submission. I find that the tearing was “wear and tear” having regard to the age and condition of the wallpaper. I also find that the tearing was not carelessly or intentionally caused by the tenants. Even if the tear did constitute damage, any

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award to the landlord would be nominal having regard to the age and condition of the wallpaper, betterment, and depreciation.

10. As the landlord was partially successful, I have awarded reimbursement of the Tribunal application fee. However, the landlord was not substantially successful, so I did not grant its request for suppression. The tenant did not wish for its name to be suppressed.

R Morgan

12 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 landlord proved the tenant did not leave the grounds or oven reasonably clean and tidy using photographs and receipts.
  • The tenant was ordered to pay for lawns and garden work because the amounts were proven.
  • The landlord was partially successful, so they were reimbursed for the Tribunal application fee.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What did this decision decide?

The tenant was ordered to pay $427 from the bond for oven cleaning and lawn/garden work.

What was the dispute about?

The dispute was about the tenant's responsibility to clean the oven and maintain the garden at the end of the tenancy.

How did the court decide, and why?

The court decided that the tenant must pay for oven cleaning and garden work because these tasks fall under the tenant's obligations at the end of the tenancy.

Which laws or rules were applied?

The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 40(2)(a) 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 tidy, including oven cleaning and lawn/garden maintenance.

Was the decision for or against the person who brought the case?

The decision was for the landlord, ordering the tenant to pay $427 from the bond.

What does this mean for someone in a similar situation?

For someone in a similar situation, it means that they must ensure the premises are left clean and tidy at the end of the tenancy, including oven cleaning and garden maintenance.

What evidence or documents mattered?

Photographs and receipts provided by the landlord were considered 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.