Tenant Ordered to Pay for Cleaning and Repairs After Leaving Premises Dirty
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $3,680.26 for cleaning and repairs after the tenant left the premises unreasonably dirty and caused damage beyond fair wear and tear.
⚖️ Legal holding
A tenant must leave the premises reasonably clean and tidy, remove all rubbish, and not cause damage beyond fair wear and tear.
📖 What the law says
This section states that when a tenancy ends, the tenant must leave the premises in a reasonably clean and tidy condition and remove all rubbish. It also requires the tenant to keep the premises reasonably clean and tidy during the tenancy.
This section makes a tenant responsible for the actions of anyone they allow onto the premises, if those actions would have broken the tenancy agreement had the tenant done them. If someone intentionally or carelessly damages the premises while the tenant is there, it is assumed the tenant allowed that person to be there.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord for cleaning and repairs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $3,680.26 for cleaning and repairs after the tenant failed to leave the premises reasonably clean and tidy and caused damage beyond fair wear and tear.
📚 Full judgment Official document
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[2025] NZTT 5155872
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay Kāinga Ora–Homes d Communities $3,680.26 immediately, calculated as shown in the table below.
Description Landlord Tenant Rubbish removal $2,978.03 Wall Repairs $437.64 Cleaning $264.59 Total award $3,680.26 Total payable by Tenant to Landlord $3,680.26
Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant was unable to be contacted on the number specified in the Notice of Hearing, which was duly served.
2. The landlord has applied for compensation following the end of the tenancy.
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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 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, and did not remove all rubbish.
5. The claim for rubbish removal is very high but exit inspection photographs show that a large quantity of material, including bulky items and appliances were left at the premises. The rubbish removal costs are proved by the work order records provided.
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. Exit inspection photographs show a number of holes in the premises’ walls. Entry inspection photographs show that the holes were not there when this tenancy began, when the tenant took over the tenancy from her mother who had previously been the tenant.
8. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
9. The claim for window repairs during the tenancy is withdrawn.
10. The amounts ordered are proved by work order records provided by the landlord.
B King
30 May 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 property clean and tidy, nor did they remove all rubbish.
- Exit inspection photographs showed a large quantity of bulky items and appliances left at the premises.
- The costs for rubbish removal were proven by work order records.
- Exit inspection photographs showed holes in the walls that were not present at the start of the tenancy.
- The damage to the walls was more than fair wear and tear, and the tenant did not disprove liability.
❌ Tends to be rejected
- The claim for window repairs during the tenancy was withdrawn.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenant to pay the landlord $3,680.26 for cleaning and repairs.
What was the dispute about?
The dispute was about the tenant's failure to leave the premises reasonably clean and tidy and the damage caused to the walls during the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay for cleaning and repairs because the premises were left unreasonably dirty and the damage to the walls exceeded 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 were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had not left the premises reasonably clean and tidy and had caused damage beyond fair wear and tear.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that the premises are left reasonably clean and tidy and that any damage is within fair wear and tear to avoid having to pay for cleaning and repairs.
What evidence or documents mattered?
Exit inspection photographs and work order records provided by the landlord mattered.