Tenant Ordered to Pay Rent Arrears and Compensation for Damages and Cleaning Costs
📌 In brief
The Tenancy Tribunal ruled that the tenants must pay rent arrears and compensate the landlord for damages and cleaning costs because the premises were left in an unreasonable state at the end of the tenancy.
⚖️ Legal holding
A tenant must pay rent arrears and compensate the landlord for damages and cleaning costs if the premises are left in an unreasonable state.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean and tidy, and leaving the premises in a reasonably clean and tidy condition with all rubbish removed when the tenancy ends.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenants to pay rent arrears and compensate the landlord for damages and cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenants to pay rent arrears and compensate the landlord for damages and cleaning costs after finding that the premises were left in an unreasonable state at the end of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5014229
TENANCY TRIBUNAL - Napier | Ahuriri
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenants
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [NAME] $306.67 immediately, calculated as shown in the table below.
Description Landlord Tenant Rent arrears $285.71 Previous order application 4925873 dated 07/08/2024 $1,520.44 Floor repairs $750.00 Mirro light repairs $195.40 Wall repairs $299.00 Cleaning $250.00 Garage clear out $20.00 Filing fee reimbursement $27.00 Total award $2,827.11 $1,520.44 Net award $306.67 Total payable by Tenant to Landlord $306.67
Reasons:
1. Both parties attended the hearing. The tenants were represented by [NAME].
2. An Order was made in respect of this tenancy on 7 August 2024 (application 4925873) requiring that the landlord pay the tenants $1,520.44. The landlord
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confirms that the Order has not been complied with and the sum still outstanding is incorporated into this Order.
3. The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
4. The tenancy ended on 4 June 2024.
5. The landlord’s rent records show that rent was paid to 31 May 2024. Four days additional rent is due.
6. I do not find it proved that by the tenants leaving a few items in the garage for a few days after they moved out, loss of an additional 3 days’ rent was caused. The landlord moved into the premises herself.
Did the tenant comply with their obligations at the end of the tenancy?
7. 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.
8. The landlord txt the tenants on 4 June 2024 noting, “As for house cleaning, oven and microwave especially, can you get it done tomorrow please”
9. Photographs provided by the landlord from the end of the tenancy show that in oven and microwave were not left reasonably clean and cleaning of some other areas like the extractor, fridge and toilet were also required.
10. The landlord seeks reimbursement for cleaning costs as shown in an invoice from [NAME] for $555.00. I understand [NAME] is an acquaintance of the landlord and was staying in the property after the tenants vacated, while the landlord was away.
11. I accept the landlord’s evidence that she paid that amount to [NAME]. The question is whether that represents fair compensation for the tenants’ breach.
12. The tenants’ obligation is the leave the premises reasonably clean and tidy, not to bring them to the condition the landlord would prefer for her own occupation. [NAME]’s invoice appears to be for a complete clean of the whole of the premises, including deep clean of the kitchen and window cleaning.
13. While the evidence shows a need for additional cleaning to bring the premises to a reasonable condition after they vacated, the tenants should only be responsible for part of that total cost which I fix at $250.00 based on the evidence provided.
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14. The $20.00 compensation claimed by the landlord for removing the items left in the garage, is reasonable.
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 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.
17. The tenants acknowledge having accidentally broken a light in the bathroom. While the tenants now question it’s quality, I am satisfied that it was damaged by the tenants and being hard wired, needed an electrician to repair it. The repair cost is proved by the invoice provided by the landlord.
18. The photographs provided by the landlord show that there was some wall damage to the premises that needed to be repaired. The compensation sought is reasonable and is supported by a quote provided, though the claim is for $390.00 whereas the quote is for $260.00 + GST (= $299.00).
19. There were quite severe scratch marks on the wooden flooring. While there may have been some wear on the floors, as is usual with polished wooden floors, the evidence persuades me that the additional damage caused during the tenancy was such that it needs repair.
20. The landlord claims compensation of $2,130.00 in terms of a quote provided, but the landlord has insurance with an excess of $750.00 per claim so the tenants’ liability is limited to that amount by s.49B(3).
21. [NAME] has substantially succeeded with the claim I reimburse the filing fee.
[NAME]
13 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 tenants must pay $285.71 for rent arrears as confirmed by the landlord's rent records.
- The tenants owe $250.00 for cleaning costs since the premises were left in an unreasonable state.
- The tenants are responsible for $750.00 for floor repairs as the damage went beyond fair wear and tear.
- The tenants must cover the insurance excess of $750.00 for the damages claimed by the landlord.
❌ Tends to be rejected
- The tenants do not owe additional rent for the few items left in the garage for a few days after moving out.
- The tenants are not responsible for the full $555.00 cleaning cost as the landlord's friend's invoice includes unnecessary services.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenants to pay rent arrears and compensate the landlord for damages and cleaning costs.
What was the dispute about?
The dispute was about the tenants leaving the premises in an unreasonable state at the end of the tenancy, leading to rent arrears and the need for cleaning and repairs.
How did the court decide, and why?
The court decided that the tenants must pay rent arrears and compensate the landlord for damages and cleaning costs because the premises were left in an unreasonable state, requiring additional cleaning and repairs.
Which laws or rules were applied?
Residential Tenancies Act 1986, s 40(1)(e)(ii)-(v) Residential Tenancies Act 1986, s 49B(3)
What was the argument that mattered most?
The most important argument was that the tenants had a responsibility to leave the premises reasonably clean and tidy, which they failed to do.
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 reasonable state at the end of the tenancy to avoid having to pay rent arrears and compensation for damages and cleaning costs.
What evidence or documents mattered?
Photographs showing the state of the premises at the end of the tenancy, invoices for cleaning costs, and rent records were important pieces of evidence.