Tenant Ordered to Pay for End-of-Tenancy Damages - Tenancy Tribunal Decision
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $1,849.18 for damages and cleaning costs at the end of the tenancy. The tenant left the premises unclean and with leftover belongings, causing extra work for the landlord.
⚖️ Legal holding
A tenant is responsible for leaving the premises reasonably clean and tidy and for repairing any damage beyond fair wear and tear.
📖 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 condition 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 damages and cleaning costs at the end of the tenancy.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $1,849.18 for damages and cleaning costs at the end of the tenancy. The tenant failed to leave the premises reasonably clean and tidy and did not remove all rubbish as required by the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5185692
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $1,849.18 immediately, calculated as shown in table below.
Description Landlord Tenant Repairs $590.00 Rubbish removal: skip bin $590.00 Repairs $350.00 Rubbish removal: dumping cost $292.18 Filing fee reimbursement $27.00 Total award $1,849.18 Total payable by Tenant to Landlord $1,849.18
Reasons:
1. The landlord attended the hearing represented by [NAME].
2. The tenant did not attend the video hearing and did not answer the calls made to her phone during the hearing. She had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence.
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3. The tenancy ended by Tribunal Order1 under application 5092231 on 4 February 2025.
4. The landlord now applies 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?
5. 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) RTA.
6. The landlord established in evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. They effectively vacated leaving a household of belongings behind. [NAME] made many attempts to contact them for them to remove their items, but they did not respond.
7. The owner has undertaken a lot of the remedial work herself which has kept the cost passed on to the tenant modest.
8. Having considered the evidence, I find that the amounts ordered are proven and considered reasonable in the circumstances.
Is the tenant responsible for the damage to the premises?
9. The landlord claims compensation for having to repair large holes in the walls that were found at the end of the tenancy. They had not been noted during routine inspections.
10. To be successful in such a claim, the 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.
11. Given the size and nature of the holes I am satisfied that they were more than fair wear and tear, most likely caused intentionally. Accordingly, the tenant is liable for the repair cost.
1 Of 31 January 2025
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Should the filing fee be awarded?
12. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
23 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 landlord proved that the tenant did not leave the premises reasonably clean and tidy, leaving many belongings behind.
- The landlord proved that the tenant did not remove all rubbish from the premises.
- The landlord made many attempts to contact the tenant to remove their items, but the tenant did not respond.
- The holes in the walls were considered more than fair wear and tear, making the tenant liable for repair costs.
- The landlord fully succeeded with the claim, so the filing fee was reimbursed.
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 the landlord $1,849.18 for damages and cleaning costs at the end of the tenancy.
What was the dispute about?
The dispute was about the tenant's failure to leave the rental property clean and tidy and to remove all rubbish at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay 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)(ii)-(v), 40(2)(a), 41, and 49B 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 remove all rubbish as required by the Residential Tenancies Act 1986.
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 tenants, this means they must ensure the rental property is left clean and tidy and all rubbish is removed at the end of the tenancy to avoid financial penalties.
What evidence or documents mattered?
Evidence included the condition of the premises at the end of the tenancy and attempts by the landlord to contact the tenant to remove belongings.