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Tenant Ordered to Pay $831.46 for Cleaning and Rubbish Removal

Case No.

📌 In brief

The Tenancy Tribunal ordered the tenant to pay the landlord $831.46 for cleaning and rubbish removal because the tenant failed to leave the premises reasonably clean and tidy at the end of the tenancy.

⚖️ Legal holding

A tenant must leave the premises reasonably clean and tidy, remove all rubbish, and replace worn-out smoke alarm batteries during the tenancy.

Topics

Cleaning and rubbish removalTenant's obligations at the end of tenancy

Provisions

📖 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 that when the tenancy ends, the tenant must leave the property in a reasonably clean and tidy condition and remove all rubbish.

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

📖 Technical summary

The Tribunal ordered the tenant to pay the landlord $831.46 for cleaning and rubbish removal.

📜 Headnote Official document

The Tenancy Tribunal ordered the tenant to pay the landlord $831.46 for cleaning and rubbish removal due to the tenant's failure to leave the premises reasonably clean and tidy at the end of the tenancy.

📚 Full judgment Official document

__________________________________________________________________________________ 5119972 1

[2025] NZTT 5119972

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] As Agent For [NAME] $831.46 immediately, calculated as shown in table below.

Description Landlord Tenant Cleaning: & rubbish removal $831.46 Total award $831.46 Total payable by Tenant to Landlord $831.46

Reasons:

1. The Landlord attended by video and then by telephone due to technical difficulties. The Tenant never answered the telephone call made by the Tribunal.

2. The landlord has applied for compensation.

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

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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. The Landlord provided photographs and a cleaning invoice to prove the property was not clean and tidy. The carpet required professional cleaning due to the smell of urine which the Landlord was submitted was due to the Tenant having a dog at the property without the Landlords consent.

5. The amounts ordered are proved.

6. As the Landlord has been wholly successful with their claim, the Tenant must reimburse the filing fee.

A Aiolupotea 01 April 2025

__________________________________________________________________________________ 5119972 3

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 tenant failed to leave the property reasonably clean and tidy, and did not remove all rubbish.
  • The landlord provided photographs and an invoice as proof that the property was not clean.
  • Professional carpet cleaning was needed because of a urine smell, which the landlord attributed to an unauthorized dog.
  • The amounts claimed by the landlord were proven to be correct.
  • The landlord was fully successful with their claim, so the tenant must pay the filing 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 the landlord $831.46 for cleaning and rubbish removal.

What was the dispute about?

The dispute was about the tenant's failure to clean the premises and remove rubbish at the end of the tenancy.

How did the court decide, and why?

The court decided that the tenant must pay the landlord because the tenant did not leave the premises clean and tidy, as required by law.

Which laws or rules were applied?

The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 40(1)(ca) were applied.

What was the argument that mattered most?

The most important argument was that the tenant had not left the premises reasonably clean and tidy, as required by law.

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 tidy at the end of the tenancy to avoid such costs.

What evidence or documents mattered?

Photographs and a cleaning invoice provided by the landlord were used as 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.
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