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Tenant Ordered to Pay Cleaning Costs After Tenancy Ends

Case No.

📌 In brief

The Tenancy Tribunal ruled that the tenant must pay the landlord $499.10 for cleaning costs after the tenancy ended because the premises were not left in a reasonably clean and tidy state as required by law.

⚖️ Legal holding

A tenant must return the premises in a reasonably clean and tidy state at the end of the tenancy.

Topics

tenancycleaning obligationsbond deductions

Provisions

📖 What the law says

Residential Tenancies Act 1986 s.40

This section outlines a tenant's responsibilities, including keeping the premises reasonably clean and tidy during the tenancy. It also states that when a tenancy ends, the tenant must leave the premises in a reasonably clean and tidy condition and remove all rubbish.

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

📖 Technical summary

The Tribunal ordered the tenant to pay the landlord for cleaning costs at the end of the tenancy.

📜 Headnote Official document

The Tenancy Tribunal ordered the tenant to pay the landlord $499.10 for cleaning costs after the tenancy ended, finding that the tenant failed to return the premises in a reasonably clean and tidy state as required by the Residential Tenancies Act 1986.

📚 Full judgment Official document

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[2025] NZTT 5116714, 5226972

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Tenant

RESPONDENT: [redacted]

Landlord

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] to pay [COMPANY] [NAME] $526.10 from the bond, calculated as shown in table below.

2. The Bond Centre is to pay the bond of $1,110.00 (3213881-008) immediately apportioned as follows:

[COMPANY] [NAME]: $526.10

[NAME]: $583.90

Description Landlord Tenant Cleaning $499.10 Carpet Cleaning $27.00 Total award $526.10 Bond $526.10 $583.90

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Reasons:

1. Both parties attended the video hearing.

2. The landlord has applied for compensation, refund of the bond, 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. Landlords are required to provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (see s 45(1)(a) RTA). Tenants must keep the premises reasonably clean and tidy during the tenancy, and they must return them in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy (ss 40(1)(c) and (e)(iii) RTA).

4. In [NAME] v [NAME] (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said:

A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.

5. The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable; not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.

6. The standard will vary according to the age and condition of the premises: the better the premises, the higher the standard. Surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly painted surfaces. Generally, tenants are not required to return premises any cleaner than they were at the start of the tenancy ([NAME] v [NAME], DC Otahuhu, TT 2539/93 and 2540/93, 4 November 1994).

7. The landlord provided a copy of the pre tenancy report from 2021. The report shows a property which is ageing and tired, but still reasonably clean and tidy. No issue was raised by the tenant with the landlord as to the condition of the property at the commencement of the tenancy.

8. The tenancy ended on 6 November 2024.The landlord carried out an inspection of the property on 8 November 2024. The landlord provided copies of the photos taken at the inspection and the inspection report. The photos make it clear the property had not been left reasonably clean and tidy by the tenant. I have taken into account the age and condition of the premises in coming to that decision. The invoice provided by the landlord was for $499.10. Having

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reviewed the photos, I consider that the charge for cleaning was reasonable. The tenant is ordered to pay $499.10 to the landlord.

9. As [NAME] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

S Young

09 April 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 must return the premises in a reasonably clean and tidy state at the end of the tenancy.
  • The condition of the property at the start of the tenancy was considered in determining the standard of cleanliness expected at the end.
  • The landlord's invoice for cleaning costs was deemed reasonable based on the inspection photos.

❌ Tends to be rejected

  • The tenant did not raise any issues with the condition of the property at the start of the tenancy.
  • The cleaning costs requested by the landlord were considered reasonable given the state of the property.

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 $499.10 for cleaning costs after the tenancy ended.

What was the dispute about?

The dispute was about whether the tenant had fulfilled their obligation to leave the premises in a reasonably clean and tidy state at the end of the tenancy.

How did the court decide, and why?

The court decided that the tenant must pay for cleaning costs because the premises were not left in a reasonably clean and tidy state, as evidenced by inspection photos and reports.

Which laws or rules were applied?

The Residential Tenancies Act 1986, sections 40(1)(c) and 45(1)(a) were applied.

What was the argument that mattered most?

The argument that mattered most was that the tenant must return the premises in a reasonably clean and tidy state at the end of the tenancy.

Was the decision for or against the person who brought the case?

The decision was against the tenant.

What does this mean for someone in a similar situation?

Someone in a similar situation should ensure that the premises are left in a reasonably clean and tidy state at the end of the tenancy to avoid having to pay cleaning costs.

What evidence or documents mattered?

Inspection photos and reports were crucial in determining the state of the premises at the end of the tenancy.

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.