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Tenant Ordered to Pay $510.90 for Cleaning and Damages

Case No.

📌 In brief

The Tenancy Tribunal ordered the tenant to pay the landlord $510.90 for cleaning and damages at the end of the tenancy. The tenant did not leave the premises reasonably clean and tidy and caused damage to the property.

⚖️ Legal holding

A tenant must leave the premises reasonably clean and tidy and compensate for damages and missing items at the end of the tenancy.

📖 What the law says

Residential Tenancies Act 1986 s.40

This section outlines a tenant's responsibilities, including keeping the premises reasonably clean and tidy during the tenancy. It also states that when a tenancy ends, the tenant must leave the property in a reasonably clean and tidy condition and remove all their belongings and rubbish.

Residential Tenancies Act 1986 s.78

This section gives the Tenancy Tribunal the power to make various orders when resolving disputes. These orders can include declaring the rights or obligations of parties, ordering a party to give possession of premises, or ordering a party to pay money.

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

📖 Technical summary

The Tenancy Tribunal ordered the tenant to pay the landlord $510.90 for cleaning and damages.

📜 Headnote Official document

The Tenancy Tribunal ordered the tenant to pay the landlord $510.90 for cleaning and damages at the end of the tenancy. The tenant failed to leave the premises reasonably clean and tidy and caused damage to the property.

📚 Full judgment Official document

__________________________________________________________________________________ 5147494 1

[2025] NZTT 5147494, 5091150

TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI

[COMPANY]: [COMPANY] as agent for [COMPANY]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] as agent for [COMPANY] $510.90 immediately, calculated as shown in table below:

Description Landlord Tenant

Clean and remove rubbish from bathroom (part charge) $38.80 Landlord labour for cleaning bedroom – 2 hours $60.00 Remove oil from driveway – part charge $427.72 Compensation for cost of sealing driveway after cleaning $200.00 Compensation for damaged linen $512.38 Compensation for missing bed throw $100.00 Filing fee reimbursement $27.00 Total award $1,365.90 Bond $855.00 Total payable by Tenant to Landlord $510.90

2. The Bond Centre is to pay the bond of $855.00 (BN-00015631) to [COMPANY] as agent for [COMPANY] immediately.

3. The landlord’s claims for management fees and advertising costs are dismissed.

__________________________________________________________________________________ 5147494 2

4. The tenant’s application is dismissed.

Reasons:

1. [NAME] (director of the [COMPANY]) and [NAME] (property manager) represented the landlord at the hearing today. The tenant did not attend.

2. Another adjudicator held a directions conference on the tenant’s application on 22 January 2025. The tenant did not attend that hearing either. The adjudicator identified the tenant’s claims, issued directions, and adjourned the tenant’s application to be set together with the landlord’s application once filed.

3. The tenant is overseas. The registry advised him of the telephone contact number for him to call into the hearing. He did not attend the hearing nor seek an adjournment. His application is dismissed. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986 (RTA).

The landlord’s application

4. The landlord has applied for the bond and for compensation for cleaning and for damaged and missing chattels at the end of the tenancy. The landlord also seeks reimbursement of management fees and advertising costs.

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

5. At the end of a 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) RTA.

6. The tenant did not leave the premises (his bedroom at the boarding house) nor the bathroom (shared by 3 tenants) reasonably clean and tidy and did not remove all rubbish.

7. The tenant caused damage to the driveway due to oil leaking from his car. An area of the driveway has to be commercially cleaned to remove the oil stains and then sealed. The landlord has only applied for part of the cost of cleaning the driveway.

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8. At the end of the tenancy the landlord had to discard some of the linen (the sheets and the duvet cover) purchased new for the tenant’s use as it was soiled and contaminated. Towels supplied to the tenant were missing at the end of the tenancy. The linen was of high quality. The landlord has claimed 50% of the replacement cost only.

9. A bed throw was missing at the end of the tenancy. It also was a high-quality chattel. I have awarded the landlord compensation of $100.00 for that missing chattel.

Unsuccessful claims

10. I dismiss the landlord’s claims for management fees and for the cost of advertising for a new tenant. Those are business related expenses. The RTA does not provide for the reimbursement of property management fees, even where, as here, the landlord considered the tenant to be difficult to manage.

11. Because the tenant did not abandon the tenancy (the landlord terminated the tenancy) a claim for advertising costs for a new tenant cannot succeed.

12. As the application is mostly successful, the tenant must pay the landlord’s Tribunal filing fee.

Result

13. The bond will be paid to the landlord. The tenant will pay the landlord $510.90 for the claims it has proved for cleaning and damaged and missing chattels.

J Greene

13 March 2025

__________________________________________________________________________________ 5147494 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 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/

__________________________________________________________________________________ 5147494 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 left the bedroom and bathroom unreasonably clean and tidy.
  • The tenant caused oil damage to the driveway requiring commercial cleaning and sealing.
  • The tenant soiled and contaminated new linen provided for their use.
  • The tenant discarded towels supplied to them at the end of the tenancy.
  • The tenant lost a high-quality bed throw.

❌ Tends to be rejected

  • The landlord's claims for management fees and advertising costs were business-related expenses unrelated to the tenant's obligations.
  • The tenant's non-attendance at the hearing and failure to seek an adjournment led to the dismissal of their application.
  • The tenant's claim for compensation for damages and missing items was not supported by attendance or evidence presented.
  • The landlord's request for compensation was mostly successful, indicating the tenant's failure to meet their obligations.
  • The tenant's application was dismissed due to their failure to comply with the tribunal process and provide evidence.

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 the landlord $510.90 for cleaning and damages at the end of the tenancy.

What was the dispute about?

The dispute was about the tenant's failure to leave the premises reasonably clean and tidy and causing damage to the property.

How did the court decide, and why?

The court decided that the tenant must pay for cleaning and damages because they left the premises unreasonably dirty and caused damage to the property.

Which laws or rules were applied?

The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 78(1)(i), and 92(1) 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 and compensate for damages and missing items at the end of the tenancy.

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?

For someone in a similar situation, it means they must ensure the premises are left reasonably clean and tidy and compensate for any damages or missing items at the end of the tenancy.

What evidence or documents mattered?

The evidence included the condition of the premises at the end of the tenancy, the cost of cleaning and repairs, and the value of missing items.

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.