Tenant Ordered to Pay for Damages and Cleaning Costs at End of Tenancy
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $3,262.88 for damages and cleaning costs incurred at the end of the tenancy. The Tribunal ruled that the tenant did not fulfill their obligations to leave the premises clean and tidy and to replace standard light bulbs.
⚖️ Legal holding
A tenant is responsible for leaving the premises in a reasonably clean and tidy state and for replacing standard light bulbs at the end of the tenancy.
📖 What the law says
This rule states that a tenant must keep the rented property reasonably clean and tidy during their tenancy. It also requires the tenant, when moving out, to leave the property in a reasonably clean and tidy condition and to remove all their belongings and rubbish.
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 at the end of the tenancy.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $3,262.88 for various damages and cleaning costs incurred at the end of the tenancy. The Tribunal found that the tenant failed to meet their obligations under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5031829
TENANCY TRIBUNAL - Manukau
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $3,262.88 immediately, calculated as shown in table below.
Description Landlord Tenant Lock/key replacement $275.00 Window repairs $931.50 Light bulbs/batteries $7.50 Cleaning $90.07 Rubbish removal $600.00 Repairs to walls $970.00 Repairs to door $199.70 Repairs to subfloor vents $66.29 Repair and redecorate kitchen cupboards $95.82 Filing fee reimbursement $27.00 Total award $3,262.88 Total payable by Tenant to Landlord $3,262.88
Reasons:
1. The landlord attended the hearing. The tenant did not attend at the scheduled time.
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2. Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
3. The landlord has applied for compensation 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?
4. 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. The tenant must also replace standard light bulbs.
5. At the end of the tenancy the premises required cleaning of the kitchen and the oven, and the removal of mould from some walls in order to bring the premises up to a reasonably clean and tidy standard.
6. The tenant also did not return keys for the premises. Because of this the landlord replaced the locks.
7. Rubbish was left outside the premises. The landlord claimed $948.10 for removal of 1,600 kilograms of rubbish. The photographs do not disclose this amount of rubbish and I have awarded an amount that I believe is reasonable to meet the evidence I see today.
8. The landlord provided invoices and photographs which prove the amounts awarded.
Is the tenant responsible for the damage to the premises?
9. 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.
10. 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 tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
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. See section 49B(1) RTA.
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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.
13. The landlord provided photographs that show holes were made in many of the walls in the premises, and scratches to the paint on the kitchen cupboard doors. The landlord also provided invoices for $1,212.05 and $136.89 respectively for these repairs.
14. This is an older style house that still has many original fittings. After a four-year tenancy such as this, a landlord can expect some wear and tear and the need for redecorating. Although the holes far exceed fair wear and tear, I have reduced the amount awarded to account for the fact that some painting and decorating would have been needed in any case.
15. The landlord also provided photographs and invoices in respect of broken windows, the removal of subfloor vents outside and an internal door that had been kicked in.
16. The tenant has not disproved liability for the damage. The nature and extent of the damage persuades me that whereas some of it may be careless damage, most of itt is intentional damage.
17. The amounts ordered are proved.
18. 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.
19. Because the landlord has been substantially successful in their claim, I have reimbursed the filing fee.
[NAME]
18 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 must leave the premises reasonably clean and tidy.
- The tenant must replace standard light bulbs at the end of the tenancy.
- The tenant is responsible for removing all rubbish from the premises.
- The tenant must return all keys for the premises.
- The tenant is liable for intentional damage to the premises.
❌ Tends to be rejected
- The tenant did not provide evidence to disprove liability for the damage.
- The tenant did not attend the hearing to explain the damage.
- The tenant did not request an adjournment before the hearing.
- The tenant did not provide proof that the damage was due to fair wear and tear.
- The tenant did not demonstrate that the landlord's claims 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 $3,262.88 for damages and cleaning costs incurred at the end of the tenancy.
What was the dispute about?
The dispute was about the tenant's failure to leave the rental property in a clean and tidy state and to replace standard light bulbs at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant was responsible for the damages and cleaning costs because the tenant did not fulfill their obligations under the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e) and 49B were applied.
What was the argument that mattered most?
The most important argument was that the tenant had not met their obligations to leave the premises clean and tidy and to replace standard light bulbs.
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 rental property clean and tidy and replace any necessary items at the end of the tenancy.
What evidence or documents mattered?
Photographs and invoices provided by the landlord were used to prove the amounts awarded.