Tenant Ordered to Pay Landlord $877.00 From Bond for Cleaning and Garden Work Claims
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $877.00 from the bond for cleaning and garden work claims at the end of the tenancy. The Tribunal found that the tenant did not leave the premises in a reasonably clean and tidy condition, as required by the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is obligated to return the premises in a reasonably clean and tidy condition at the end of the tenancy.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord $877.00 from the bond for various cleaning and garden work claims.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $877.00 from the bond for various cleaning and garden work claims at the end of the tenancy. The Tribunal considered the Residential Tenancies Act 1986 and determined that the tenant's failure to maintain the premises in a reasonably clean and tidy condition justified the compensation.
📚 Full judgment Official document
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[2025] NZTT 5055328
TENANCY TRIBUNAL AT MASTERTON | TE TARAIPIUNARA RETIHANGA KI WHAKAORIORI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] to pay [COMPANY] $877.00 from the bond, calculated as shown in table below:
2. The Bond Centre is to pay the bond of $1,560.00 (3407055-011) immediately apportioned as follows:
[COMPANY]: $877.00
[NAME]: $683.00
Description Landlord Tenant Lawns and Garden work
$400.00
Garden work $250.00 Rubbish removal $200.00 Filing fee reimbursement
$27.00
Total award $877.00 Bond $877.00 $683.00
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REASONS
1. The Tribunal must consider an application filed by the landlord.
2. Both parties appeared at the hearing in Masterton today.
BACKGROUND
3. The tenancy commenced on 31 December 2021, and ended following notice on 17 September 2024. Various disputes arose at the end of the tenancy.
APPLICANTS CLAIMS
4. At the hearing, the landlord confirmed their claims are as follows:
a. Garden work - $709.00
b. Cleaning garden and dump fees - $250
c. Clearing and rubbish removal from garage - $200
d. Filing fee
RELEVANT LEGAL CONSIDERATIONS
5. The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
6. With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
7. That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
https://www.legislation.govt.nz/act/public/1986/0120/latest/DLM94278.html?src=qs
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8. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
9. As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that:
… [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.
Tenants obligations at the end of the tenancy
10.The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises:
…in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
11. It is important to note that the RTA does not require the premises to be provided/returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean.
ANALYSIS
Claim 1 – Lawn work and dump - $709.00
12.The landlord states that work needed to be completed at the premises at the end of the tenancy, and an extension was given to 20 September 2024, but when the premises were returned, further work was needed in the gardens, or in this claim the lawns. The landlord refers to a charge for $709.00 for doing the lawns which the landlord says were very overgrown.
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13.The tenant agrees that the gardens were not returned to the landlord reasonably tidy. However the tenants describe the ivy on the fence as prolific, and when they did trim the ivy, they found rubbish such as a washing machine barrel.
14. I raised with the parties that the charge of $709.00 seemed excessive given the work that would have been needed. The landlord notes that during the tenancy the tenants had the gardens done and that charge was $2,000.00 (the tenant confirmed that is the case).
Analysis
15.The tenant must return the gardens reasonable tidy at the end of the tenancy, and that was not achieved. The landlords should be compensated, but I can only order compensation which is reasonable.
16.Taking into consideration that this claim is solely for the lawns, in my assessment the amount charged is not reasonable. As I noted at the hearing, the Tribunal is considering claims around garden work very regularly, and to that extent, have a sense of what reasonable commercial rates would be. On balance, I consider an order of $400 would be more representative of a commercial rate to undertake the lawnmowing, and that is ordered.
Claim 2 – Garden work dump fees - $250
17.This claim relates to work to do the gardens (not lawns), the invoice being $250.00
18.The tenant accepts this claim.
Analysis
19.This claim is ordered by consent.
Claim 3 - Clearing and rubbish removal from garage - $200
20.The landlord seeks compensation of $200.00 to remove rubbish and belongings in the garage, and to dump rubbish. The claim is based on a
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quotation. The landlord refers to photographs showing assorted goods in the garage.
21.The tenant agrees that a range of the belongings were hers. The tenants position is that they had told the landlord that the goods were rubbish and that the landlord could dispose of them.
Analysis
22.At the end of the tenancy the tenant must remove all their belongings; the tenant did not do that. The landlord is entitled to remove the goods and dispose of them as in this case. The amount claimed of $200.00 is fair and reasonable, and is ordered in full.
Claim 5 – Filing fee
23.The landlord claims the filing fee.
Analysis
24.The applicant has been mostly successful in their claim before the Tribunal. I find it is reasonable therefore to award the filing fee paid to commence the proceeding in the Tribunal, which is $20.44.
[NAME]
14 March 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].
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant accepted the need for garden work and agreed to pay $400 for lawn maintenance.
- The tenant accepted the need to clear and remove rubbish from the garage and agreed to pay $200.
- The tenant accepted the need to cover the filing fee of $20.44.
❌ Tends to be rejected
- The landlord's request for $709.00 for lawn work was considered excessive and reduced to $400.
- The landlord's claim for cleaning and dump fees was initially set at $709.00 but adjusted to reflect reasonable commercial rates.
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 $877.00 from the bond for various cleaning and garden work claims.
What was the dispute about?
The dispute was about the condition of the premises at the end of the tenancy and the charges levied by the landlord for cleaning and garden work.
How did the court decide, and why?
The court decided that the tenant must pay the landlord $877.00 from the bond because the tenant failed to leave the premises in a reasonably clean and tidy condition.
Which laws or rules were applied?
The Residential Tenancies Act 1986 was applied, specifically section 45.
What was the argument that mattered most?
The most critical argument was that the tenant must return the premises in a reasonably clean and tidy condition at the end of the tenancy.
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 reasonably clean and tidy condition at the end of the tenancy to avoid similar charges.
What evidence or documents mattered?
Photographs of the premises and invoices for the cleaning and garden work were important pieces of evidence.