Tenant Ordered to Pay Rent Arrears and Compensation for Cleaning and Repair Costs
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and compensate the landlord for cleaning and repair costs because the tenant failed to leave the premises clean and tidy and did not remove wallpaper installed during the tenancy.
⚖️ Legal holding
A tenant is responsible for leaving the premises reasonably clean and tidy and for removing wallpaper installed during the tenancy.
📖 What the law says
This section states that a tenant must pay rent on time, keep the rented property reasonably clean and tidy, and notify the landlord of any damage or needed repairs. When moving out, the tenant must leave the premises in a reasonably clean and tidy condition and remove all their belongings and rubbish.
This section makes a tenant responsible for the actions of anyone they allow into the property, if those actions would have broken the tenancy agreement had the tenant done them. If someone intentionally or carelessly damages the property while the tenant is there, it is assumed the tenant allowed that person to be there.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and compensate the landlord for cleaning and repair costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate the landlord for cleaning and repair costs due to the tenant's failure to leave the premises reasonably clean and tidy and to remove wallpaper installed during the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5030510
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $1,321.89 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears $476.43 Cleaning $143.45 Rubbish removal: Inside $75.69 Rubbish removal: 50% $328.24 Removal of wallpaper $554.08 Total award $1,577.89 Bond $256.00 Total payable by Tenant to Landlord $1,321.89
2. The Bond Centre is to pay the bond of $256.00 () to [COMPANY] immediately.
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Reasons:
1. The landlord attended the hearing, conducted via teleconference. The call to the tenant went unanswered. I was satisfied adequate service had completed and I continued with the hearing.
2. The landlord has applied for rent arrears, compensation, and refund of the bond, following the end of the tenancy.
How much is owed for rent?
3. The tenancy ended on 9 August 2024. The landlord provided rent records and which prove the amount owing at the end of the tenancy was $476.43.
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 all of the premises reasonably clean and tidy, and did not remove all rubbish. The landlord evidenced the costs for cleaning and indoor rubbish removal. These are awarded in full.
6. The external rubbish cost was based on a volume of 4m3. The photos do not support such a volume. Having reviewed the two areas as shown in the photos I have estimated 2m3 as more accurate and adjusted the costs of $656.48 commensurately by 50%, meaning $328.24 is awarded.
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. This was a long tenancy, commencing in 2017. During the tenancy the tenant wallpapered two bedrooms. This was agreed to by the landlord with the proviso the wallpaper be removed at the end of the tenancy. This was not done. The landlord sought compensation for the cost of removal and subsequent repainting of the walls.
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10. The per room cost was $554.08. This is a standard rate and was stated as painting (it is assumed the cost included the removal of the wallpaper as no separate cost was recorded by the landlord). Given the long tenancy, and the absence of any damage to the walls, I would typically see such repainting as a wear and tear cost. Not so the removal of the wallpaper. That is considered a tenant responsibility and any subsequent related cost a tenant liability. With limited cost detail of each task, I have awarded 50% of the claimed $1108.16 toward the reinstatement cost as a result of the tenant wallpapering and the later removal as required.
11. The amount ordered is proved.
12. I have taken into account betterment and depreciation when considering any wall repainting cost. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
M Brennan
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 tenant must leave the premises reasonably clean and tidy.
- The tenant is responsible for removing all rubbish.
- The tenant is responsible for removing wallpaper installed during the tenancy.
- The landlord provided proof of the costs for cleaning and indoor rubbish removal.
- The tenant is liable for the cost of removing wallpaper and repainting walls.
❌ Tends to be rejected
- The tenant is not responsible for external rubbish removal costs that are overestimated.
- The landlord's claim for full external rubbish removal costs was reduced by 50%.
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 rent arrears and compensate the landlord for cleaning and repair costs.
What was the dispute about?
The dispute was about the tenant's failure to leave the rental property clean and tidy and to remove wallpaper installed during the tenancy.
How did the court decide, and why?
The court decided that the tenant was responsible for the 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 was responsible for leaving the premises clean and tidy and for removing wallpaper installed during 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 they leave the rental property clean and tidy and remove any modifications made during the tenancy.
What evidence or documents mattered?
Evidence of the condition of the property and the costs incurred by the landlord mattered.