Tenant Ordered to Pay Rent Arrears and Clean Up Premises
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $23,581.70, including rent arrears, cleaning costs, and compensation for damage to the premises beyond fair wear and tear. 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.
⚖️ Legal holding
A tenant is liable for rent arrears, cleaning costs, and damage to the premises beyond fair wear and tear.
📖 What the law says
This rule states that a tenant must pay rent on time, keep the property reasonably clean and tidy, and notify the landlord of any damage or needed repairs. When moving out, the tenant must leave the property reasonably clean and tidy and remove all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant was awarded damages for various claims including rent arrears and cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal ruled that the tenant must pay the landlord $23,581.70, including rent arrears, cleaning costs, and compensation for damage to the premises beyond fair wear and tear. 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 4987909
TENANCY TRIBUNAL - Manukau
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] As [COMPANY] $23,581.70 immediately, calculated as shown in table below.
Description Landlord Tenant Previous order application 4795029 dated 29/02/2024 $15,187.45 Repairs: Insurance excess $4,550.00 Replace furnishings: spa cover $350.00 Eviction fee $200.00 Cleaning: rubbish, lawns, bin hire $2,130.00 compensation rent loss $890.00 Lock/key replacement $247.25 Filing fee reimbursement $27.00 Total award $23,581.70 Total payable by Tenant to Landlord $23,581.70
Reasons:
1. The Landlord attended the hearing. The Tenant did not appear.
2. The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
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3. The matter was adjourned from the last hearing to enable the Landlord to serve the Tenant as they had filed their application to the Tribunal two months after the tenancy had ended.
4. The Landlord served the Tenant’s father and provided photographic evidence. I am satisfied service has been effected and the Tenant is aware of todays proceedings.
5. At the hearing, the Landlord withdrew their claims for exemplary damages and hydrojetting.
How much is owed for rent?
6. The tenancy ended on 26 March 2024.The landlord was awarded rent arrears during mediation on 29 February 2024 of $15187.45 (case reference 4795029). When the Landlord was asked what amount of rent they were claiming since that Order was made, the Landlord did not provide an updated rent summary to show what had been paid and what was owing since the Order was made. The Landlord explained the bond had been applied to the rent arrears but nothing further was paid. They then proceeded to give details of a few further payments owing. There was no rent summary to verify these calculations.
7. For this reason, I have not made a new Order for rent but incorporated the previous Mediators Order into this one.
Did the tenant comply with their obligations at the end of the tenancy?
8. 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
9. The Landlord submitted the Tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Invoices were provided for two bin hires, cleaning and mowing of the lawns. Entry inspection photographs were provided and a physical outgoing inspection report was handed up during the hearing.
10. The outgoing report was in black and white and the photographs from the report were very small so it was very difficult to see any detail in the photos. The written part of the report did confirm that the property was not clean in a lot of areas. The amount of rubbish present, what was abandoned, the extent of the dirt and damage was unable to be assessed properly by the photographs provided. I could see there were bags of rubbish outside on the grass, clothes and broken furniture, food on the kitchen bench and some dirty window sills
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inside the house but not the actual extent of cleaning or damage from the photographs. It is the Landlords onus to bring the evidence to the Tribunal to prove their case and it is not for the Tribunal to ask the Landlord to provide better evidence.
11. For this reason, I have awarded the claim for cleaning because the written report verifies this, the mowing of the lawns because the photographs show overgrown grass but only half the claim for the bin hire. I could not assess the amount of rubbish properly and what was actually abandoned goods which the landlord was going to store.
12. The amounts ordered are proved.
13. The Tenant failed to return the keys at the end of the tenancy so a locksmith was required. An invoice was provided for this cost.
14. The amount ordered is proved.
Is the tenant responsible for the damage to the premises?
15. 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.
16. 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.
17. 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.
18. 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.
19. 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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20. 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.
21. The following damage was caused during the tenancy: damage to the walls and skirting from scribble marks, dents, LED stickers, damage to drawers, cupboard and wardrobe, carpet damage and curtain track damage. The insurance report has verified the damages. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
22. The amounts ordered are proved.
Loss of rent
23. The Landlord claimed two weeks loss of rent due to the property having to be cleaned up and ready to re-let. I am unable to assess how much time this would have taken because the exit inspection photos were difficult to assess. The Landlord submitted the cleaning took days. The insurance claim letter confirmed what some of the repairs were. It is reasonable to expect Landlords undertake their own deep clean and maintenance in between tenancies. I accept it would have taken sometime to clean and bring up to standard however without sufficient evidence provided from the landlord as to timeframes of how long it took for example a letter from the cleaners and tradespersons, the appropriate amount to award is one week’s rent.
24. The amount ordered is proved.
Storage of goods
25. The Landlord claimed for cost of storage of abandoned goods until the Tenants came to collect it. There was a letter advising the Tenants to collect their goods which the Landlord stated happened on 6 April 2024. There was no evidence of the actual abandoned goods or the cost to store the goods in a storage facility. The landlord charged rent for it instead. The Landlord has also already been awarded for loss of rent for one week.
26. For these reasons, the amount claimed is dismissed.
Eviction fee
27. The Landlord has claimed the eviction fee and provided the receipt.
28. The amount sought is proved.
Previous filing fee
29. The landlord claimed a previous filing fee however this should have been claimed at the time that application was made to the Tribunal.
30. The claim is dismissed.
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31. As the Landlord has been substantially successful, the Tenant shall pay their filing fee.
A [NAME]
14 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 landlord proved the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
- The landlord provided invoices for bin hires, cleaning, and mowing, and the written report confirmed the property was not clean.
- The landlord provided photographic evidence showing overgrown grass, which supported the claim for lawn mowing.
- The landlord proved damage to the premises beyond fair wear and tear, and the tenant did not disprove liability.
❌ Tends to be rejected
- The landlord did not provide an updated rent summary to verify calculations for rent claimed since the previous order.
- The tribunal could not properly assess the amount of rubbish or abandoned goods from the provided photographs, leading to only half the bin hire claim being awarded.
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 $23,581.70, including rent arrears, cleaning costs, and compensation for damage to the premises beyond fair wear and tear.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears, clean the premises, and compensate for damage to the premises beyond fair wear and tear.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant failed to meet their obligations under the Residential Tenancies Act 1986, including leaving the premises reasonably clean and tidy and compensating for damage beyond fair wear and tear.
Which laws or rules were applied?
Residential Tenancies Act 1986, s 40(1)(e)(ii)-(v) Residential Tenancies Act 1986, s 40(1)(ca) Residential Tenancies Act 1986, s 49B
What was the argument that mattered most?
The most important argument was that the tenant failed to leave the premises reasonably clean and tidy and did not compensate for damage to the premises beyond fair wear and tear.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they leave the premises reasonably clean and tidy and compensate for any damage to the premises beyond fair wear and tear.
What evidence or documents mattered?
The evidence included invoices for rent arrears, cleaning costs, and damage to the premises, as well as photographs and reports from the outgoing inspection.