Tenant Ordered to Pay for Cleaning and Repairs After Breaching Tenancy Obligations
📌 In brief
The Tenancy Tribunal ordered a tenant to pay the landlord $2,091.91 for cleaning, rubbish removal, and repairs to walls and doors after the tenant failed to leave the premises reasonably clean and tidy at the end of the tenancy.
⚖️ Legal holding
A tenant must leave the premises reasonably clean and tidy, remove all rubbish, and compensate the landlord for damages beyond fair wear and tear.
📖 What the law says
This rule states that when a tenancy ends, the tenant must move out, take all their belongings, leave the property reasonably clean and tidy, and remove all rubbish.
This rule makes a tenant responsible for actions of others who are on the property with their permission, if those actions would have broken the tenancy agreement had the tenant done them.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord for cleaning, rubbish removal, and repairs to walls and doors.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $2,091.91 for cleaning, rubbish removal, and repairs to walls and doors after finding the tenant did not leave the premises reasonably clean and tidy at the end of the tenancy.
📚 Full judgment Official document
__________________________________________________________________________________ 5171171 1
[2025] NZTT 5171171
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $2,091.91 immediately, calculated as shown in table below.
Description Landlord Tenant Rubbish removal and cleaning Repairs to walls and doors
$783.03 $1,281.88
Filing fee reimbursement $27.00 Total award $2,091.91 Total payable by Tenant to Landlord $2,091.91
Reasons:
1. The landlord attended the hearing on 22 May 2025. The tenant did not.
2. The landlord has applied for compensation following the end of the tenancy.
3. As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.
__________________________________________________________________________________ 5171171 2
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 landlord submitted photographs of the premises taken at the end of the tenancy. These photographs show the tenant left rubbish, personal and miscellaneous household items behind at the end of the tenancy. The premises have not been cleaned. On the basis of these photographs, I find the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
6. The landlord has had the rubbish and belongings removed. The landlord has also had the premises cleaned. The landlord submitted a copy of a work order, which proves the cost for this was $919.31. The landlord only seeks compensation of $783.03, because the tenant was in a rent credit of $162.46 at the end of the tenancy.
7. The landlord’s claim for compensation for cleaning and rubbish removal is granted for $783.03.
DAMAGE
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. The landlord submitted photographs of the premises taken at the end of the tenancy. These photographs show multiple holes in the walls and internal doors. The tenant has attempted to repair some holes, but the repair work is unprofessional and obvious. The landlord claims the damage occurred during the tenancy. I accept the landlord’s evidence on this point.
10. On the balance of probabilities, I find that multiple walls and internal doors were damaged during the tenancy. The damage is more than fair wear and tear and the tenant has not disproved liability.
11. The landlord submitted a work order, which proves the repair cost is $1,281.88. The landlord’s claim for compensation to repair the walls and doors is granted for $1,281.88.
12. All of the amounts ordered above are proved.
__________________________________________________________________________________ 5171171 3
13. I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
FILING FEE
14. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
L Ryken
22 May 2025
__________________________________________________________________________________ 5171171 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/
__________________________________________________________________________________ 5171171 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 did not leave the premises clean and tidy.
- The tenant left rubbish and personal items behind.
- Multiple holes in the walls and doors were caused during the tenancy.
- The tenant did not provide evidence to disprove liability for the damages.
❌ Tends to be rejected
- The tenant did not attend the hearing to present their side.
- The tenant did not attempt to clean or repair the damages before leaving.
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 $2,091.91 for cleaning, rubbish removal, and repairs to walls and doors.
What was the dispute about?
The dispute was about the tenant's failure to leave the rental unit reasonably clean and tidy, remove all rubbish, and compensate the landlord for damages beyond fair wear and tear.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for cleaning, rubbish removal, and repairs to walls and doors because the tenant did not comply with their obligations at the end of the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(2)(a), 41, and 49B were applied.
What was the argument that mattered most?
The most important argument was that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish at the end of the tenancy.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they leave the rental unit reasonably clean and tidy, remove all rubbish, and compensate the landlord for any damages beyond fair wear and tear.
What evidence or documents mattered?
Photographs of the premises taken at the end of the tenancy, a work order for cleaning and repairs, and the tenant's rent credit at the end of the tenancy mattered.