Tenant Ordered to Pay Bond for Damages and Cleaning Costs
📌 In brief
The Tenancy Tribunal ordered the tenants to pay the landlord $607.00 from the bond for damages and cleaning costs, as they did not leave the premises clean and tidy at the end of the tenancy.
⚖️ Legal holding
A tenant is required to leave the premises reasonably clean and tidy upon termination of the tenancy.
📖 What the law says
This section states that a tenant must keep the rented property reasonably clean and tidy. It also requires that when a tenancy ends, the tenant must 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 tenants to pay the landlord $607.00 from the bond for various damages and cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenants to pay the landlord $607.00 from the bond for various damages and cleaning costs, as the tenants failed to leave the premises reasonably clean and tidy upon termination of the tenancy.
📚 Full judgment Official document
__________________________________________________________________________________ 5121031 1
[2025] NZTT 5121031, 5121489
TENANCY TRIBUNAL AT HAMILTON | TE TARAIPIUNARA RETIHANGA KI KIRIKIRIROA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] to pay [COMPANY] as Agent for [NAME] $607.00 from the bond, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $607.00 (6272324-005) to [COMPANY] as Agent for [NAME] immediately. The Bond Centre is to pay the bond of $50.10 (6272324-005) to [NAME] and [NAME] immediately.
Description Landlord Tenant Smoke alarm install $57.50 Cleaning $200.00 Filing fee reimbursement $27.00 Repairs: Wall patches $172.50 Lock/key replacement $150.00 Total award $607.00 Bond $607.00 $50.10
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Reasons:
1. The landlord attended the hearing. The tenant did not appear, and the hearing continued in their absence.
2. The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
3. The landlord withdrew the claim for weed control.
4. The claim for replacement vegetable recycling bin is dismissed, there was no invoice provided establishing the repurchase of this item.
5. The parties went to mediation and the mediated order recorded an agreement of the cost claimed by the landlord for replacing the locks and for wall and door patch repairs. These costs are included in this order.
6. The tenant has received $1822.90 from the bond leaving a balance of $657.10 in dispute.
Did the tenant comply with their obligations at the end of the tenancy?
7. 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. .
8. The tenant did not leave the premises reasonably clean and tidy, the oven, kitchen and bathrooms needed cleaning. The garage door handles, and front door also needed to be cleaned. Photographs were provided.
9. The following chattels were missing at the end of the tenancy: A smoke alarm from upstairs.
10. The amounts ordered are proved.
11. [COMPANY] as Agent for [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
T Harris
14 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 tenant left the premises unreasonably dirty, requiring significant cleaning.
- The landlord successfully claimed for cleaning costs due to the dirty state of the unit.
- The landlord's claim for replacing missing chattels, such as a smoke alarm, was successful.
- The landlord was reimbursed for filing fees related to the tenancy dispute.
❌ Tends to be rejected
- The tenant's claim for replacement of a vegetable recycling bin was dismissed due to lack of proof.
- The tenant's claim for weed control was withdrawn by the landlord, thus failing.
- The tenant's obligation to leave the premises clean and tidy was not met, leading to penalties.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenants were ordered to pay the landlord $607.00 from the bond for damages and cleaning costs.
What was the dispute about?
The dispute was about the condition of the premises at the end of the tenancy and the amount owed from the bond.
How did the court decide, and why?
The court decided that the tenants must pay the landlord $607.00 from the bond because they left the premises in poor condition, requiring extensive cleaning and repairs.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 40(1)(e)(ii)-(v), was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenants 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 for the landlord, who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that the premises are left clean and tidy at the end of the tenancy to avoid having to pay for damages and cleaning costs.
What evidence or documents mattered?
Photographs of the premises were provided as evidence of the condition at the end of the tenancy.