Tenant Ordered to Pay for Cleaning and Repairs After Leaving Premises Unclean
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $1,755.28 for cleaning, rubbish removal, lock/key replacement, window repairs, and filing fees after the tenant left the premises unclean and caused damage beyond fair wear and tear.
⚖️ Legal holding
A tenant must compensate the landlord for leaving the premises unclean and causing damage beyond fair wear and tear.
📖 What the law says
This rule states that a tenant must keep the rented property reasonably clean and tidy. When the tenancy ends, the tenant must leave the premises in a reasonably clean and tidy condition and remove all rubbish.
This rule 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, the tenant is held accountable for it.
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, lock/key replacement, window repairs, and filing fees.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $1,755.28 for cleaning, rubbish removal, lock/key replacement, window repairs, and filing fees after the tenant left the premises unclean and caused damage beyond fair wear and tear.
📚 Full judgment Official document
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[2025] NZTT 5155531
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] and [NAME] $1,755.28 immediately, calculated as shown in table below.
Description Landlord Tenant Cleaning $744.36 Rubbish removal $299.50 Lock/key replacement $360.00 Window repairs $324.42 Filing fee reimbursement $27.00 Total award $1,755.28 Total payable by Tenant to Landlord $1,755.28
Reasons:
1. [NAME] attended the hearing for the landlords. The tenant was phoned on the number provided but the calls went to voicemail.
2. The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
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Did the tenant comply with her obligations at the end of the tenancy?
3. The tenant did not leave the premises reasonably clean, did not remove all rubbish and did not return all keys as required by section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).
4. The bedroom window at the premises was broken. The damage occurred during the tenancy, is more than fair wear and tear, and the tenant has not disproved liability for it: sections 40(2)(a), 41 and 49B of the Act.
5. The amounts ordered have been established by the production of invoices and receipts.
6. The landlords have been successful in their claims and are therefore entitled to payment of the Tribunal application fee.
[NAME]
13 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 premises reasonably clean.
- The tenant did not remove all rubbish as required.
- The tenant broke the bedroom window during the tenancy.
- Invoices and receipts were produced to establish the amounts ordered.
- The landlord is entitled to payment of the Tribunal application fee.
❌ Tends to be rejected
- The tenant did not provide evidence to disprove liability for the window damage.
- The tenant did not attend the hearing, instead going to voicemail.
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 $1,755.28 for cleaning, rubbish removal, lock/key replacement, window repairs, and filing fees.
What was the dispute about?
The dispute was about the tenant's failure to leave the premises reasonably clean and to repair damages caused during the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for cleaning, repairs, and filing fees because the tenant did not meet their obligations under the Residential Tenancies Act 1986.
Which laws or rules were applied?
Sections 40(1)(e)(ii)-(v), 40(2)(a), 41, and 49B of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant did not leave the premises reasonably clean and did not repair damages beyond fair wear and tear.
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 they leave the premises clean and repair any damages to avoid having to pay for cleaning and repairs.
What evidence or documents mattered?
Invoices and receipts for cleaning, repairs, and filing fees were presented as evidence.