Tenant Ordered to Pay for End-of-Tenancy Damages and Cleaning Costs
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $2,439.01 for cleaning and repairs after the tenant left the rental property unclean and with damages at the end of the tenancy.
⚖️ Legal holding
A tenant must leave the premises reasonably clean and tidy and remove all rubbish at the end of the tenancy.
📖 What the law says
This section states that a tenant must keep the rented property reasonably clean and tidy. When the tenancy ends, the tenant must leave the property in a reasonably clean and tidy state and remove all their rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay for damages and cleaning costs at the end of the tenancy.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $2,439.01 for various cleaning and repair costs after the tenant failed to leave the premises reasonably clean and tidy at the end of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5153011
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Palmerston North, Palmerston North 4410
ORDER
1. [NAME] must pay [COMPANY] As Agent For Owner $2,439.01 immediately, calculated as shown in table below.
Description Landlord Tenant Cleaning $299.00 Carpet Cleaning $299.00 Heat pump remote $200.00 Repairs: Dents in door and walls $421.47 Repairs: Light fittings $421.47 Repairs: Back door $421.47 Rubbish removal $349.60 Filing fee reimbursement $27.00 Total award $2,439.01 Total payable by Tenant to Landlord $2,439.01
Reasons:
1. The landlord attended this video hearing.
2. The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The
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call went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.
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.
5. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos of the premises which show that they had not been left reasonably clean and tidy and all rubbish had not been removed. The carpets were stained with what appears to be cordial. The landlord provided copies of the invoices for rubbish removal, cleaning and carpet cleaning.
6. The heat pump remote was missing at the end of the tenancy. The landlord provided an invoice for the replacement of the remote. I consider that the amount claimed ($323.62) is excessive and I have reduced the claim for the replacement of the heat pump remote to $200.00.
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. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
9. Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
10. Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA. The landlord is insured. The
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landlord’s insurance policy carries an excess on each and every claim of $700.00.
11. 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.
12. 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.
13. 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.
14. The following damage was caused during the tenancy: Walls and a door were damaged. Light fittings were damaged. The back door had been replaced at some stage by the tenants. The work on the replacement was not of a workmanlike standard and the door had to be repaired and repainted. The total claim for each of those items of damage was $1,264.41. An invoice for the work and photographs of the damage were provided in support of the landlords claim. I have allocated the claim equally between the three items. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
15. The amounts ordered are proved.
16. As [COMPANY] As Agent For Owner has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.
[NAME]
16 April 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 [NAME], 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 heat pump remote.
- The tenant did not repair dents in the door and walls.
- The tenant did not repair light fittings and the back door.
❌ Tends to be rejected
- The landlord did not provide sufficient proof that the damage was caused by the tenant's careless actions.
- The landlord did not provide evidence that the tenant was responsible for the substandard work on the back door replacement.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was ordered to pay $2,439.01 for cleaning and repairs after failing to leave the rental property reasonably clean and tidy at the end of the tenancy.
What was the dispute about?
The dispute was about the condition of the rental property at the end of the tenancy, specifically regarding cleaning and repairs needed due to damages.
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 unclean and with damages, contrary to the requirements set forth in the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 49B, were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant failed to leave the premises reasonably clean and tidy, as required by law, and thus was responsible for the costs of cleaning and repairs.
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 rental property is left reasonably clean and tidy at the end of the tenancy to avoid having to pay for cleaning and repairs.
What evidence or documents mattered?
Photos of the premises showing the state of cleanliness and damages, invoices for cleaning and repairs, and a missing heat pump remote were presented as evidence.