Tenant Ordered to Pay for Damages and Cleaning Costs
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $49.00 for damages and cleaning costs because the tenant did not leave the rental property clean and tidy and did not return the keys.
⚖️ Legal holding
A tenant must leave the premises reasonably clean and tidy and return all keys upon termination of the tenancy.
📖 What the law says
This section states that a tenant must keep the rented property reasonably clean and tidy. It also requires the tenant, when moving out, to leave the premises in a reasonably clean and tidy condition and remove all rubbish.
This section also specifies that when a tenancy ends, the tenant must return all keys to the landlord. This ensures the landlord regains full access to the property.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The 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 $49.00 for damages and cleaning costs, finding that the tenant failed to leave the premises reasonably clean and tidy and did not return the keys upon termination of the tenancy.
📚 Full judgment Official document
__________________________________________________________________________________ 5147431 1
[2025] NZTT 5147431
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] As [COMPANY] $49.00 immediately, calculated as shown in table below:
Description Landlord Tenant Lawns and Garden work $155.25 Lock/key replacement $150.00 Cleaning $856.75 Carpet Cleaning $320.00 Repairs: walls, including replacement of missing light bulbs and missing smoke alarm
$500.00
Filing fee reimbursement $27.00 Total award $2,009.00 Bond $1,960.00 Total payable by Tenant to Landlord $49.00
2. The Bond Centre is to pay the bond of $1,960.00 (3313652-005) to [COMPANY] As [COMPANY] immediately.
Reasons:
1. Both parties attended 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.
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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 tenant did not return the keys.
6. The landlord had to replace smoke alarms and light bulbs.
7. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
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. Further, tenants are only liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
9. To that extent, the tenant cannot be held liable for the actions of intruders who broke into the premises in the middle of the night causing damage to the premises as the intruders were not guests of the tenants.
10. The walls were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
11. Only the amounts ordered are proved.
12. 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.
[NAME]
27 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 and tidy.
- The tenant did not remove all rubbish from the premises.
- The tenant did not return the keys to the landlord.
- The walls were damaged during the tenancy and beyond fair wear and tear.
- The tenant could not disprove liability for the wall damage.
❌ Tends to be rejected
- The tenant cannot be held liable for damage caused by intruders who broke in without permission.
- The landlord must prove that the damage occurred during the tenancy and is more than fair wear and tear.
- The tenant is not responsible for damage caused by uninvited intruders.
- The amount of damages ordered is based on proven costs and does not include speculative claims.
- The tribunal considered betterment and depreciation to ensure the landlord is returned to their original position.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay the landlord $49.00 for damages and cleaning costs.
What was the dispute about?
The landlord claimed the tenant left the property dirty and did not return the keys.
How did the court decide, and why?
The court decided the tenant must pay because they did not meet their obligations under the Residential Tenancies Act 1bk6, s 40(1)(e)(ii)-(v).
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 40(2)(a) 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 tidy and did not return the keys.
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 property clean and tidy and return all keys when the tenancy ends.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents used.