Tenant Ordered to Pay $790.41 for Damages and Cleaning Costs
📌 In brief
The Tenancy Tribunal ordered a tenant to pay $790.41 to the landlord for damages and cleaning costs because the tenant left the rental property in poor condition without cleaning or repairing it.
⚖️ Legal holding
A tenant is liable for damages and cleaning costs if they do not leave the premises reasonably clean and tidy.
📖 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.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord $790.41 for damages and cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $790.41 for damages and cleaning costs after the tenant failed to leave the premises reasonably clean and tidy at the end of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5117629
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $790.41 immediately, calculated as shown in table below.
Description Landlord Tenant Rent Credit $842.15 Cleaning $402.50 Oven/stove cleaning $115.00 Lock/key replacement $172.50 Rubbish removal $944.96 Window repairs $115.00 Filing fee reimbursement $27.00 Total award $1,776.96 $842.15 Net award $934.81 Bond (already paid to landlord) $144.40 Total payable by Tenant to Landlord $790.41
Reasons:
1. A representative of the landlord attended the hearing.
2. The tenant did not attend. I made two calls to the tenant at the mobile phone number provided in the application during the hearing. Both calls went to voicemail.
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3. The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
4. Rent was in credit at the end of the tenancy. That credit of $842.15 has been off-set against the damages awarded to the landlord in Order 1 above.
Did the tenant comply with their obligations at the end of the tenancy?
5. 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.
6. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant did not return the keys.
7. The landlord provided photographs and receipts to support its claims. 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. A porch windbreak window was cracked during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided photographs and a receipt. The amounts ordered are proved.
10. As the landlord was the successful party, I have awarded reimbursement of the Tribunal application fee.
R Morgan
18 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 premises clean and tidy, supporting the cleaning costs claim.
- The landlord provided photographs and receipts to support its claims for damages and cleaning costs.
- The landlord showed that a porch windbreak window was cracked during the tenancy, which was more than normal wear and tear.
- The tenant did not disprove their liability for the damage to the window.
- The landlord was reimbursed for the application fee because they were the successful party.
❌ Tends to be rejected
- The tenant failed to return the keys at the end of the tenancy.
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 $790.41 for damages and cleaning costs.
What was the dispute about?
The dispute was about the state of the rental property at the end of the tenancy, specifically the cleanliness and damages left behind by the tenant.
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 leave the premises reasonably clean and tidy.
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 had not fulfilled their obligation to leave the premises reasonably clean and tidy.
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?
Someone in a similar situation should ensure that the rental property is left clean and in good condition at the end of the tenancy to avoid financial penalties.
What evidence or documents mattered?
Photographs and receipts provided by the landlord were used to support the claims of damages and cleaning costs.