VadeLab
AllowedTenancy Tribunal·

Tenant Ordered to Pay $853.64 for Cleaning and Repairs

Case No.

📌 In brief

The Tenancy Tribunal ordered the tenant to pay the landlord $853.64 for cleaning, rubbish removal, and repairs after the tenant failed to leave the rental property clean and tidy at the end of the tenancy.

⚖️ Legal holding

A tenant is required to leave the premises reasonably clean and tidy and remove all rubbish at the end of the tenancy.

Topics

cleaningrubbish removalrepairstenancy obligations

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. When the tenancy ends, the tenant must move out, take all their belongings, leave the property in a reasonably clean and tidy state, and remove all rubbish.

Residential Tenancies Act 1986 s.41

This section makes a tenant responsible for the actions of anyone they allow onto the property. If that person does something that would break the tenancy agreement if the tenant had done it, the tenant is held accountable.

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

📖 Technical summary

The Tribunal ordered the tenant to pay the landlord $853.64 for cleaning, rubbish removal, and repairs.

📜 Headnote Official document

The Tenancy Tribunal ordered the tenant to pay the landlord $853.64 for cleaning, rubbish removal, and repairs following the end of the tenancy. The tenant failed to leave the premises reasonably clean and tidy and remove all rubbish as required by the Residential Tenancies Act 1986.

📚 Full judgment Official document

__________________________________________________________________________________ 5200452 1

[2025] NZTT 5200452

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] $853.64 immediately, calculated as shown in table below.

Description Landlord Tenant Cleaning $455.85 Rubbish removal $454.11 Repairs: Walls - bedroom $86.68 Repairs: Door - bedroom $91.86 Minus Rent credit $234.86 Total award $1,088.50 $234.86 Net award $853.64 Total payable by Tenant to Landlord $853.64

Reasons:

1. Only the applicant landlord attended the hearing which took place by teleconference. The tenant was called on the number provided and the calls

__________________________________________________________________________________ 5200452 2

went to voicemail. The file records that both parties were sent notice of the hearing by email with sms reminders, therefore, the hearing proceeded.

2. The landlord advised that this tenancy ended in January 2025.

3. The landlord has applied for compensation for cleaning, rubbish removal and repairs 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.

6. The amounts ordered are proved. The landlord provided an exit inspection report with photographs and confirmation of the amounts charged to remove the items left behind by the tenant and clean the premises.

Is the tenant responsible for the damage to the premises?

7. 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.

8. The following damage was caused during the tenancy: two holes in the walls in a bedroom and a damaged door frame. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

9. The amounts ordered are proved. The landlord provided entry and exit inspection photographs proving that the damage occurred during the tenancy and proof of the amounts claimed for the repairs.

__________________________________________________________________________________ 5200452 3

10. The landlord provided a rent summary which records a rent credit of $234.86 at the end of the tenancy and this has been applied to reduce the amount owed by the tenant as recorded in Order 1.

11. The landlord advised that no other payments have been received towards the debt.

[NAME]

20 May 2025

__________________________________________________________________________________ 5200452 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/

__________________________________________________________________________________ 5200452 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 did not leave the property reasonably clean and tidy, nor did they remove all rubbish.
  • The landlord provided an exit inspection report with photographs and confirmation of costs for cleaning and rubbish removal.
  • Damage, including two holes in bedroom walls and a damaged door frame, occurred during the tenancy and was more than fair wear and tear.
  • The landlord provided entry and exit inspection photographs and proof of repair costs.
  • A rent credit was applied to reduce the amount the tenant owed.

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 $853.64 for cleaning, rubbish removal, and repairs.

What was the dispute about?

The dispute was about the tenant's failure to clean the property 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 for the costs of cleaning and repairs because the tenant did not fulfill their obligations under the Residential Tenancies Act 1986.

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 most important argument was that the tenant had not met their obligation to leave the premises reasonably clean and tidy and remove all rubbish.

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 clean the property and remove all rubbish before leaving the tenancy to avoid having to pay for these costs.

What evidence or documents mattered?

The evidence included an exit inspection report with photographs and confirmation of the amounts charged to remove items left behind by the tenant and clean the premises.

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.
Tenant ordered to pay for cleaning and repairs | VadeLab