Tenant Ordered to Pay $7,623 for Damages and Cleaning Costs
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay the landlord $7,623.29 for damages and cleaning costs incurred at the end of the tenancy. The Tribunal determined that the tenant did not leave the premises reasonably clean and tidy and was responsible for damages beyond fair wear and tear.
⚖️ Legal holding
A tenant must leave the premises reasonably clean and tidy and compensate the landlord for damages beyond fair wear and tear.
📖 What the law says
This rule states that a tenant must keep the rented property reasonably clean and tidy during the tenancy. It also requires the tenant, when moving out, to leave the premises in a reasonably clean and tidy condition and remove all their belongings and rubbish.
This rule makes a tenant responsible for the actions of anyone they allow onto the property. If that person causes damage or breaches the tenancy agreement, it's treated as if the tenant themselves did it.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay the landlord $7,623.29 for damages and cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $7,623.29 for damages and cleaning costs incurred at the end of the tenancy. The Tribunal found that the tenant failed to leave the premises reasonably clean and tidy and was responsible for damages beyond fair wear and tear.
📚 Full judgment Official document
__________________________________________________________________________________ 5209411 1
[2025] NZTT 5209411
TENANCY TRIBUNAL AT PORIRUA | TE TARAIPIUNARA RETIHANGA KI PORIRUA
APPLICANT: [redacted] [COMPANY] As Trustees of the [COMPANY] –
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] $7,623.29 immediately, calculated as shown in table below.
2. This order incorporates and replaces the Tribunal order made on 12 February 2025 under application 5121194.
3. The amount to pay is calculated as follows:
Description Landlord Previous order application 5121194 dated 12/05/2025 $4,426.60 Cleaning: and Lawns $330.00 Blocked drain clearing $172.50 Replace kitchen blind $59.00 Replace carpet - depreciated $1,428.57 Replace curtains - depreciated $424.93 Repairs to walls $754.69 Filing fee reimbursement $27.00 Total payable by Tenant to Landlord $7,623.29
__________________________________________________________________________________ 5209411 2
Reasons:
1. The landlord’s name is changed to reflect that a person, not a limited liability company is the property manager/landlord.
2. Only the landlord attended the hearing.
3. The landlord has applied for compensation 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?
4. 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. .
5. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The oven was very dirty. The carpet was stained to such an extent that it had to be replaced in two rooms. The lawns had not been mowed. 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. See sections 40(2)(a), 41 and 49B RTA.
7. Walls, curtains, a blind and the carpet were damaged during the tenancy. The landlord has provided photos and invoices to prove the loss. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
8. I have taken into account betterment and depreciation. I have allowed 5/8ths of the cost of repainting walls and replacing curtains; 8/14ths of the cost of replacement carpet, and the full cost of the blind. 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.
9. The previous order, referred to above, is incorporated into this order for enforcement purposes.
Filing Fee
10. Because the landlord has been successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant.
__________________________________________________________________________________ 5209411 3
[NAME] 07 May 2025
__________________________________________________________________________________ 5209411 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/
__________________________________________________________________________________ 5209411 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 was ordered to pay for cleaning and lawn mowing because the premises were not left reasonably clean and tidy.
- The tenant was ordered to pay for repairs to walls, replacement of curtains, and a blind because the damage was beyond fair wear and tear.
- The landlord provided photos and invoices as proof of the damage and the financial loss incurred.
- The landlord was reimbursed the filing fee because their claim was successful.
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 $7,623.29 for damages and cleaning costs incurred at the end of the tenancy.
What was the dispute about?
The dispute was about the tenant's obligation to leave the premises reasonably clean and tidy and to compensate the landlord for damages beyond fair wear and tear.
How did the court decide, and why?
The court decided that the tenant must pay the landlord $7,623.29 because the tenant left the premises unreasonably dirty and caused damages beyond fair wear and tear.
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 failed to leave the premises reasonably clean and tidy and was responsible for damages beyond fair wear and tear.
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 the landlord for any damages beyond fair wear and tear.
What evidence or documents mattered?
Photos and invoices provided by the landlord to prove the loss were considered important evidence.