Tenant Ordered to Pay Rent and Damages for Unreasonable Cleanliness
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord for rent arrears, damages to the property, and cleaning costs because the premises were left unreasonably dirty. The landlord provided photographic evidence of damage and the tenant accepted liability.
⚖️ Legal holding
A tenant is liable for rent arrears, damages caused during the tenancy, and cleaning costs if the premises are left unreasonably dirty.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord for rent arrears, damages, and cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord for rent arrears, damages caused during the tenancy, and cleaning costs due to the premises being left unreasonably dirty. The landlord provided photographic evidence of damage and the tenant accepted liability.
📚 Full judgment Official document
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[2026] NZTT 5426120
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME_5] must pay [NAME_2] and [NAME_3] $3,142.82 immediately, calculated as shown in the table below.
Description Landlord Rent arrears $1,500.00 Repairs: holes in walls $434.70 Cleaning $1,200.00 Rubbish removal: lawns and garden $1,218.17 Light bulbs/batteries $44.95 Replace furnishings: curtain hooks and diffuser $25.00 Total award $4,422.82 Bond $1,280.00 Total payable by Tenant to Landlord $3,142.82
Reasons:
1. Both parties attended the video hearing.
2. The landlord has applied for rent arrears and compensation following the end of the tenancy.
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How much is owed for rent?
3. The tenant advised the landlord on 3 October that for personal reasons she had vacated the house and wished to end the tenancy. The tenant was required to give 21-days’ notice to terminate the tenancy. This is the amount the landlord is claiming and the landlord provided rent records which prove the amount owing.
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 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. The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The tenant explained that due to her personal circumstances, she took what she wanted and left behind anything else and was unable to make any attempt to clean.
6. The landlord agreed with the tenant that a friend of the tenant’s came to the property and removed some items. The tenant agreed by email with the landlord by email that the remaining items could be disposed of.
7. The landlord gave evidence that they disposed of any useful items to charities but still had a substantial amount of material to be taken to the dump. The amounts claimed by the landlord for the removal of rubbish, garden and lawn work are reasonable. They have charged no amount for their time and effort. Their use of a very small amount of casual labour and the modest amounts charged are acceptable. However, the charge for cold drinks for the labour is not and has been deducted. As discussed at the hearing, professional cleaners will have cleaned the property to a higher standard than was required of the tenant and a small deduction from the amount claimed is to reflect what the Tribunal regularly sees in this area for similar work to get a property to the required standard in similar circumstances.
8. The landlord had to replace light bulbs.
9. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
10. 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.
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11. 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.
12. 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.
13. 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.
14. 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.
15. The landlord provided photographic evidence that the following damage was caused during the tenancy:
a. There were a number of holes in walls caused by kicking.
b. There were a number of smaller holes from the removal of pictures and other fixtures.
c. There was writing or scribbling on some walls.
d. Some curtain hooks were broken.
16. The damage is more than fair wear and tear, and the tenant has responsibly accepted liability for the damage. As discussed at the hearing, the small charge for the door handle has been deducted as it was at the end of its useful life and had no residual value.
17. The amounts ordered are proved.
G Baker
12 June 2026
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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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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 was required to give 21-days’ notice to terminate the tenancy, which the landlord claimed and provided rent records to prove the amount owing.
- The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish, as evidenced by the landlord's photographic evidence.
- The amounts claimed by the landlord for the removal of rubbish, garden and lawn work are reasonable, and the use of casual labour and modest amounts charged are acceptable.
- The damage to the premises was more than fair wear and tear, and the tenant accepted liability for the damage.
- The amounts ordered are proved.
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 for rent arrears, damages to the property, and cleaning costs.
What was the dispute about?
The landlord claimed rent arrears, damages to the property, and cleaning costs because the tenant left the premises unreasonably dirty.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not comply with their obligations to leave the premises reasonably clean and tidy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40, 41, and 49B were applied.
What was the argument that mattered most?
The landlord provided photographic evidence of damage and the tenant accepted liability for the damage.
Was the decision for or against the person who brought the case?
The decision was against the tenant.
What does this mean for someone in a similar situation?
A tenant must leave the premises reasonably clean and tidy and may be liable for damages and cleaning costs if they do not.
What evidence or documents mattered?
Photographic evidence of damage and the tenant's acceptance of liability mattered in the decision.