Tenant Ordered to Pay for Damages and Cleaning Costs
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $1,131.98 for damages and cleaning costs after the tenant left the premises in an unreasonable state.
⚖️ Legal holding
A tenant is liable for the cost of repairs and cleaning if the premises are left in an unreasonable state.
📖 What the law says
This section states that a tenant must leave the rental property in a reasonably clean and tidy condition when the tenancy ends, and must also remove all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy 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 $1,131.98 for damages and cleaning costs after the tenant left the premises in an unreasonable state.
📚 Full judgment Official document
__________________________________________________________________________________ 5086929 1
[2025] NZTT 5086929
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $1,131.98 immediately, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $636.00 (6537906-011) to [COMPANY] immediately.
Description Landlord Tenant Rent credit to 24 October 2024 $211.61 Cleaning $828.00 Carpet Cleaning $201.25 Repairs – blinds, and general $135.13 Repairs: shower flexi hose $179.00 Repairs: carpet - burns $391.00 Repairs – downstairs appliances $218.21 Filing fee reimbursement $27.00 Total award $1,979.59 $211.61 Net award $1,767.98 Bond $636.00 Total payable by Tenant to Landlord $1,131.98
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Reasons:
1. The hearing was conducted remotely on Microsoft Teams.
2. [NAME] and [NAME] attended the hearing for the landlord.
3. The tenant did not attend. The hearing proceeded in their absence.
4. 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 leave the premises reasonably clean?
5. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy.1
6. The tenant did not leave the premises reasonably clean and tidy.
7. The landlord had to pay a cleaner for general cleaning and carpet cleaning.
8. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
9. During the tenancy, the kitchen blinds and lounge curtains were damaged, the carpets suffered cigarette burns, a clothesline attachment was displaced, several doorstops were broken, the shower’s flexi hose was pierced, the toilet roll holder was pulled away, an external door frame was damaged, the landlord’s neighbouring downstairs unit’s appliances were damaged by water that leaked from the tenant’s bathroom flooding .
10. The owner of the premises was insured, but the insurance excess was $2,500.00, so it was not economic to claim insurance cover for the damage.
11. 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.2
12. 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.
1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(iii) 2 RTA, s 49B(1).
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13. The damage was more than fair wear and tear.
14. The tenant has not proved 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.3
15. The amounts ordered are proved.
Filing fee
16. The tenant must reimburse the landlord for the filing fee.
Bond
17. The bond is to be paid to the landlord in part-payment of the tenant’s debt.
R Kee
30 April 2025
3 RTA, s 40(2)(a), 41, and 49B.
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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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant was ordered to pay for general cleaning because the premises were not left reasonably clean and tidy.
- The tenant was held responsible for damage beyond normal wear and tear, including cigarette burns on carpets and a pierced shower hose.
- The tenant was ordered to reimburse the landlord for the filing fee.
- The bond was applied towards the tenant's debt to the landlord.
❌ Tends to be rejected
- The tenant's argument that they did not carelessly or intentionally cause the damage was not accepted.
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 $1,131.98 for damages and cleaning costs.
What was the dispute about?
The dispute was about the condition of the premises after the tenant moved out, specifically the damages and cleaning required.
How did the court decide, and why?
The court decided that the tenant must pay for the damages and cleaning costs because the premises were left in an unreasonable state.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(iii) and 49B(1) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was responsible for the cost of repairs and cleaning if the premises were left in an unreasonable state.
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 premises are left in a reasonable state when moving out to avoid having to pay for damages and cleaning costs.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.