Tenant Ordered to Pay Cleaning and Repair Costs
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay for cleaning and repairs after leaving the rental property in a state requiring such work. The landlord was awarded these costs, reducing the bond accordingly.
⚖️ Legal holding
A tenant is liable for cleaning and repair costs if the premises are left in a state requiring such work beyond normal wear and tear.
📖 What the law says
This section states that a tenant must keep the rented property reasonably clean and tidy. 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 Tenancy Tribunal awarded damages to the landlord for cleaning and repairs, reducing the bond accordingly.
📜 Headnote Official document
In a Tenancy Tribunal ruling, a tenant was ordered to pay for cleaning and repairs after leaving the premises in a state requiring such work. The landlord was awarded the costs, reducing the bond accordingly.
📚 Full judgment Official document
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[2025] NZTT 5079128
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For [NAME] $711.80 immediately, calculated as shown in table below.
Description Landlord Tenant Water rates $140.80 Cleaning $490.00 Rubbish removal $874.00 Repairs: to walls and doors and kitchen drawer $1,380.00 Filing fee reimbursement $27.00 Total award $2,911.80 Bond $2,200.00 Total payable by Tenant to Landlord $711.80
2. The [COMPANY] is to refund the bond of $2,200.00 to the applicant immediately.
Reasons:
1. Only the landlord attended the hearing. The tenant did not join the video meeting and could not be contacted by phone. On Thursday she had advised that she did not have access to a phone and queried whether the matter could be adjourned.
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2. The landlord objected to delaying further. As the calls to the tenant went to her voicemail, the Tribunal is not satisfied that she could not receive calls. She could also have arranged to join the video meeting or provided another contact number. The hearing proceeded in her absence.
3. The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
4. The tenancy ended on 23/9/2024. The landlord confirmed no rent was either owing or in credit and provided water rates invoices which prove the amount owing at the end of the tenancy.
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. 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.
6. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish, including an old fridge. The claim for cleaning is reduced by $200 from the amount invoiced as a tenant need not leave a property in a spotless condition. The $200 for washing windows and cleaning walls and ceilings can fairly be considered “maintenance” cleaning in a tenancy that ran for 2 years.
7. 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. 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.
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10. 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.
11. 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.
12. 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.
13. The following damage was caused during the tenancy: a wardrobe door, the toilet walls, the lounge wall and a kitchen drawer were damaged . The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
14. The amounts ordered are proved.
15. I have not taken into account betterment and depreciation. The award is for repair costs only.
16. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
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 tenant did not leave the premises reasonably clean and tidy.
- The tenant did not remove all rubbish, including an old fridge.
- The tenant is responsible for the cost of repairing damage that is more than fair wear and tear.
- The tenant did not provide evidence to disprove liability for the damage.
- The landlord provided proof of the amounts owed for cleaning and repairs.
❌ Tends to be rejected
- The tenant claimed that the cleaning costs included maintenance cleaning which should not be charged.
- The tenant argued that the damage was due to fair wear and tear.
- The tenant did not attend the hearing and could not be contacted, leading to the hearing proceeding without them.
- The tenant did not provide any evidence or arguments to counter the landlord's claims.
- The tenant did not replace worn-out smoke alarm batteries during the tenancy as required.
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 for cleaning and repairs after leaving the rental property in a state requiring such work.
What was the dispute about?
The dispute was over the condition of the rental property at the end of the tenancy and the associated costs.
How did the court decide, and why?
The court decided that the tenant was responsible for the costs of cleaning and repairs because the premises were left in a state requiring such work beyond normal wear and tear.
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 argument that mattered most was that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish, including an old fridge.
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?
For tenants, this means they must ensure the rental property is left in a reasonable state at the end of the tenancy to avoid additional costs.
What evidence or documents mattered?
The evidence included invoices for water rates, cleaning, and repairs, as well as confirmation from the landlord that no rent was owing or in credit.