Tenant Ordered to Pay for Cleaning and Repairs Due to Non-Compliance
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $3,477.50 for extensive cleaning and repairs due to non-compliance with tenancy obligations. The tenant was found liable for damage beyond fair wear and tear, including intentional damage to the vinyl flooring and walls.
⚖️ Legal holding
A tenant is required to leave the premises reasonably clean and tidy, remove all rubbish, and is liable for damage beyond fair wear and tear.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, using the property mainly for living, keeping it reasonably clean and tidy, and telling the landlord about any damage or repairs needed. When moving out, a tenant must leave the property, take all their belongings, leave it reasonably clean and tidy, 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 extensive cleaning and repairs due to non-compliance with tenancy obligations.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $3,477.50 for extensive cleaning and repairs due to non-compliance with tenancy obligations, including leaving the premises reasonably clean and tidy and removing all rubbish. The Tribunal found the tenant liable for damage beyond fair wear and tear, including intentional damage to the vinyl flooring and walls.
📚 Full judgment Official document
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[2025] NZTT 5055708
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $3,477.50 immediately, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $268.00 () to [COMPANY] immediately.
Description Landlord Tenant Filing fee reimbursement $27.00 Rubbish removal $449.00 Cleaning: incl heat pump $1,082.50 Replace vinyl flooring $1,155.00 Repairs: Walls $1,032.00 Total award $3,745.50 Bond $268.00 Total payable by Tenant to Landlord $3,477.50
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Reasons:
1. The landlord attended the hearing, conducted via teleconference. The call to the number provided for the tenant was answered. It was actually the number for a support person assisting the tenant, rather than the tenant. The landlord advised the application and evidence had been emailed to the support person previously. He committed to reviewing that, and this order, with Ken. No request for representation had been made and after hearing from the support person they were thanked and they left the hearing. I was satisfied adequate service had completed and I continued with the 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. 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 anywhere near reasonably clean and tidy, and did not remove all rubbish.
5. The landlord sought compensation for extensive cleaning, including the heat pump, as well as rubbish removal. In support of these claims the landlord provided photos and invoices. These establish the need and cost for the work undertaken by the landlord and are considered reasonable and they are awarded in full.
6. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
7. 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.
8. 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
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tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
9. 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 applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
10. 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.
11. The following damage was caused during the tenancy:
12. Multiple burns to the vinyl flooring. The landlord stated these were caused over time and most likely by cigarette burns. The cost of removing and replacing the vinyl was $1155.00 (ex GST) and that amount was sought by the landlord. The landlord provided photos and an invoice to support the claim. The damage to the vinyl is considered intentional and not covered by any possible insurance claim
13. Damage to the premises wall. A photo evidences a hole in a wall section above the heat pump. The wall construct and material meant that section had to be removed and replaced. The heat pump had to be removed to allow the wall repair. The cost of $1,032.00 (ex GST) was sought for the replacement and repainting. This appears reasonable given the task involved.
14. The damage above is more than fair wear and tear, and the tenant has not disproved liability for the damage.
15. The amounts ordered are proved.
16. 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 not applying any depreciation, I have taken into account the submission of the landlord that new wall painting and vinyl covering was installed just prior to this tenancy of less than one year.
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Filing fee
17. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
17 February 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 and tidy.
- The tenant did not remove all rubbish from the premises.
- The tenant caused intentional damage to the vinyl flooring.
- The tenant caused damage to the wall that required removal and replacement.
- The landlord provided photos and invoices to support the claims for cleaning and repairs.
❌ Tends to be rejected
- The tenant's failure to prove that the damage was due to fair wear and tear.
- The tenant's inability to disprove liability for the damage to the vinyl flooring and walls.
- The tenant's lack of evidence to refute the landlord's claims for extensive cleaning and repairs.
- The tenant's failure to show that the damages were covered by insurance.
- The tenant's failure to demonstrate that the costs claimed by the landlord were unreasonable.
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 $3,477.50 for extensive cleaning and repairs due to non-compliance with tenancy obligations.
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 repair damages beyond fair wear and tear.
How did the court decide, and why?
The court decided that the tenant must pay for the extensive cleaning and repairs because the tenant failed to meet their obligations at the end of the tenancy, including leaving the premises clean and removing all rubbish.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 49B(1) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was responsible for leaving the premises reasonably clean and tidy and for repairing any damage 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?
For someone in a similar situation, it means they must ensure the premises are left reasonably clean and tidy, all rubbish is removed, and any damage beyond fair wear and tear is repaired.
What evidence or documents mattered?
Photos and invoices for the cleaning and repairs were presented as evidence.