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Tenant Ordered to Pay $869.04 for Damages and Cleaning Costs

Case No.

📌 In brief

The Tenancy Tribunal ruled that the tenant must pay the landlord $869.04 for damages and cleaning costs because the tenant left the rental property unreasonably dirty and damaged.

⚖️ Legal holding

A tenant is liable for damages and cleaning costs if the premises are left unreasonably clean and tidy.

Topics

damagescleaning costsfair wear and tear

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 the tenancy. It also requires the tenant, when moving out, to leave the premises in a reasonably clean and tidy condition and to remove all rubbish.

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

📖 Technical summary

The tenant was ordered to pay the landlord $869.04 for damages and cleaning costs.

📜 Headnote Official document

The Tenancy Tribunal ordered the tenant to pay the landlord $869.04 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

__________________________________________________________________________________ 5433528 1

[2026] NZTT 5433528

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] $869.04 immediately, calculated as shown in table below.

Description Landlord Tenant Cleaning $692.75 Cleaning: Stove and oven $165.86 Cleaning: rangehood $48.45 Repairs: Wall holes $441.76 Repairs: Door holes $183.08 Rent credit $244.86 Bond released to landlord $418.00 Total award $1,531.90 $662.86 Net award $869.04 Total payable by Tenant to Landlord $869.04

Reasons:

1. The landlord attended the hearing held on 17 June 2026 by video. The tenant did not attend the hearing.

2. The landlord has applied for compensation following the end of the tenancy.

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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 Tenancies Act 1986.

4. The tenant did not leave the premises reasonably clean and tidy.

5. At the hearing the landlord withdrew the claim for cleaning the kitchen cupboards which amounted to $104.26.

6. The amounts ordered are proved.

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. Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.

9. Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

10. Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

11. Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.

12. The following damage was caused during the tenancy: wall holes (11) and door holes (2). The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

13. The amounts ordered are proved.

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14. At the end of the tenancy the tenant had a credit balance of $244.86. The claim is further reduced as the bond of $418.00 has been released to the landlord. The balance owed by the tenant is $869.04.

[NAME]

17 June 2026

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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, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is 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/

__________________________________________________________________________________ 5433528 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 premises reasonably clean and tidy.
  • The tenant did not provide evidence to disprove liability for the damage to walls and doors.
  • The landlord proved that the damage was more than fair wear and tear.
  • The tenant is responsible for the cost of repairing damage that is intentional or results from activities that are imprisonable offenses.

❌ Tends to be rejected

  • The tenant did not attend the hearing, failing to present their side of the story.
  • The tenant did not prove that the damage was due to fair wear and tear.
  • The tenant did not show that the damage was covered by the landlord's insurance.
  • The tenant did not provide any evidence to challenge the specific amounts claimed for repairs and cleaning.

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 $869.04 for damages and cleaning costs.

What was the dispute about?

The dispute was about the condition of the rental property at the end of the tenancy and the costs associated with cleaning and repairs.

How did the court decide, and why?

The court decided that the tenant was responsible for the damages and cleaning costs because the premises were left unreasonably dirty and damaged.

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 did not leave the premises reasonably clean and tidy, resulting in damages and cleaning costs.

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 tenants, this means they must ensure the rental property is left reasonably clean and tidy at the end of the tenancy to avoid financial penalties.

What evidence or documents mattered?

The evidence included the condition of the property and the costs incurred by the landlord for cleaning and repairs.

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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