Tenant Ordered to Pay Damages and Cleaning Costs
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord for damages and cleaning costs after the tenant left the rental property in an unreasonable state, including modifications for illegal activities.
⚖️ Legal holding
A tenant must compensate the landlord for damages and cleaning costs if the premises are left in an unreasonable state.
📖 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 Tribunal ordered the tenant to pay the landlord for damages and cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord for damages and cleaning costs after the tenant failed to leave the premises in a reasonable state at the end of the tenancy.
📚 Full judgment Official document
__________________________________________________________________________________ 5100236 1
[2025] NZTT 5100236
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The Bond Centre is to pay the bond of $237.67 (3388646-019) to [COMPANY] as agent for [NAME] immediately.
2. [NAME] must pay [COMPANY] as agent for [NAME] $6,827.63 immediately, calculated as shown in the table below:
Description Landlord Tenant Rubbish removal $770.50 Filing fee reimbursement $27.00 Cleaning $1,035.00 Lock/key replacement $442.80 Repairs $4,600.00 Lawns and Garden work $190.00 Total award $7,065.30 Bond $237.67 Total payable by Tenant to Landlord $6,827.63
Reasons:
1. Only the landlord attended the hearing.
__________________________________________________________________________________ 5100236 2
2. The tenancy has previously been terminated and the claim today was to deal with the application for further compensations.
3. The tenancy was growing marijuana at the property on a large scale and made any modifications to the property for that purpose.
Did the tenant comply with their obligations at the end of the tenancy?
4. 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.
5. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
6. The tenant did not return the keys.
7. The above amounts are proven.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
10. 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.
11. 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.
12. 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
__________________________________________________________________________________ 5100236 3
applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
13. 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.
14. A significant amount of damage was caused by the modifications the tenant made to the property for their growing venture. The tenant had installed a ventilation and irrigation system.
15. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
16. The amounts ordered are proved.
17. I have taken into account betterment and depreciation. None should apply. The premises had been freshly renovated and the damage caused was very stressful and upsetting for the landlord.
18. [COMPANY] as agent [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
19 May 2025
__________________________________________________________________________________ 5100236 4
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/
__________________________________________________________________________________ 5100236 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 failed to attend the hearing, which meant the landlord's claims were largely unopposed.
- The tenant did not leave the property in a reasonably clean and tidy state and failed to remove all rubbish.
- The tenant failed to return the keys to the property at the end of the tenancy.
- The tenant caused significant damage by making modifications to the property for growing marijuana.
- The damage to the property was more than normal wear and tear, and the tenant did not prove otherwise.
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 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 damages caused by the tenant.
How did the court decide, and why?
The court decided that the tenant must pay for damages and cleaning costs because the premises were left in an unreasonable state and the tenant did not comply with their obligations.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e) 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 in a reasonable state and caused significant 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 rental property is left in a reasonable state and all obligations are met to avoid financial penalties.
What evidence or documents mattered?
The judgment mentions the condition of the property, the damages caused, and the lack of compliance with obligations by the tenant.