Tenant Ordered to Pay Cleaning and Repair Costs
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay the landlord $1,170.25 for cleaning and repairs after leaving the premises unreasonably dirty and causing damage beyond fair wear and tear.
⚖️ Legal holding
A tenant is liable for leaving the premises unreasonably dirty and for causing damage beyond fair wear and tear.
📖 What the law says
This section states that a tenant must keep the rented property reasonably clean and tidy during the tenancy. It also requires the tenant to leave the property in a reasonably clean and tidy condition and remove all rubbish when they move out.
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 claimant successfully recovered cleaning and repair costs from the respondent.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $1,170.25 for cleaning and repairs after the tenant left the premises unreasonably dirty and caused damage beyond fair wear and tear.
📚 Full judgment Official document
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[2026] NZTT 5438338
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 [COMPANY] $1,170.25 immediately, calculated as shown in table below.
Description Landlord Tenant Cleaning $550.00 Repairs: to walls and doors $592.25 Filing fee reimbursement $28.00 Total award $1,170.25 Total payable by Tenant to Landlord $1,170.25
Reasons:
1. Only the applicant landlord attended the hearing.
2. The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
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
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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. The amount ordered is proved by the photographs and invoice provided. It is reduced by a small amount from the amount claimed to reflect that a tenant is required to leave a property reasonably clean and tidy and not so that it can be immediately relet.
Is the tenant responsible for the damage to the premises?
6. 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.
7. 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.
8. 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.
9. 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.
10. The following damage was caused during the tenancy: several walls and doors were damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
11. The amounts ordered are proved.
12. I have not taken into account betterment and depreciation. The landlord has claimed only for actual repair costs.
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13. [COMPANY] As Agent For [COMPANY] has substantially succeeded with the claim I have reimbursed the filing fee.
[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/
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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 costs.
- The tenant caused damage to walls and doors that exceeded fair wear and tear.
- The landlord provided proof of the cleaning and repair costs through invoices and photographs.
- The tenant did not provide any evidence to disprove their responsibility for the damages.
- The landlord's claim for repair costs was limited to actual expenses, not including betterment or depreciation.
❌ Tends to be rejected
- The tenant's obligation to leave the premises clean and tidy was not met.
- The tenant failed to show that the damage was due to fair wear and tear rather than negligence.
- The tenant did not contest the amount of the cleaning and repair costs effectively.
- The tenant did not demonstrate that the damage was covered by the landlord's insurance.
- The tenant did not provide any counter-evidence to refute the landlord's claims.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay the landlord $1,170.25 for cleaning and repairs.
What was the dispute about?
The dispute was about the tenant leaving the rental property unreasonably dirty and causing damage beyond fair wear and tear.
How did the court decide, and why?
The court decided that the tenant was responsible for the costs because the property was left unreasonably dirty and the damage was beyond fair wear and tear.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(2)(a), 41, and 49B(1) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had a responsibility to leave the property reasonably clean and to not cause unnecessary damage.
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 property is left reasonably clean and that any damage is within the bounds of fair wear and tear.
What evidence or documents mattered?
Photographs and invoices provided by the landlord mattered in proving the costs of cleaning and repairs.