Tenant Ordered to Pay Rent Arrears and Damages for Cleaning and Repairs
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and damages for cleaning and repairs. However, the amount for cleaning was reduced because the invoice was considered excessive.
⚖️ Legal holding
A tenant is liable for rent arrears and damages to the premises during the tenancy, but the amount awarded for cleaning must be reasonable.
📖 What the law says
This section 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 premises reasonably clean and tidy and remove all their belongings and rubbish.
This section makes a tenant responsible for the actions of anyone they allow onto 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 damages for cleaning and repairs, while reducing the amount claimed for cleaning.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages for cleaning and repairs, while reducing the amount claimed for cleaning due to unreasonable invoicing. The decision was based on the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5060709
TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] $691.29 immediately, calculated as shown in table below.
Description Landlord Rent arrears (to 10 October 2024) $1,214.29 Cleaning $500.00 Window repairs $650.00 Electrical fittings replacement/repair $300.00 Filing fee reimbursement $27.00 Total award $2,691.29 Bond $2,000.00 Total payable by Tenant to Landlord $691.29
2. The Bond Centre is to pay the bond of $2,000.00 (3308676-006) to [COMPANY] immediately.
Reasons:
1. Both parties attended the hearing.
2. The tenant, [NAME] attended with a support person and a witness. [NAME] did not attend. He left the premises at some time during the tenancy
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but there was no formal change to the tenancy agreement and [NAME] remains liable as a joint tenant.
3. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
4. The only issues the landlord pursued at the hearing were rent arrears, cleaning and rubbish removal ($2,442), window repairs and an electrical repair.
How much is owed for rent?
5. The tenancy ended on 10 October 2024, but the tenant finished moving on 11 October. The landlord has only claimed rent to 10 October, and [NAME] accepted that rent was owed. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
6. 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.
7. The landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord seeks $2442. The tenant disputes the claim.
8. Both parties provided photographs taken on 11 October 2024. I also heard from a witness for [NAME] who was at the property in a professional capacity on 11 October 2024.
9. The required standard is “reasonably clean”. It is not pristine, commercially clean or even the standard the landlord may wish to present the premises to another tenant.
10. The totality of the evidence (including the landlord’s photographs) show that most of the premises were reasonably clean. There were some isolated areas that required extra work and the interior windows needed to be cleaned.
11. Even if I accept the landlord’s assessment of the condition of the property, the invoice presented is excessive compared to other claims which the Tribunal sees for similar premises. It also includes full exterior washdown and exterior windows; both of which are landlord maintenance items.
12. There is no breakdown or cost apportionment on the invoice. I award $500 for all cleaning and rubbish removal.
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13. [NAME] says that she was prevented from going back to the property to pick up the last items which the landlord the disposed of. There is no obligation on a landlord to allow tenants to return after the tenancy has ended.
Is the tenant responsible for the damage to the premises?
14. 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.
15. [NAME] accepted that a window was broken in bedroom 2 and a light swich was damaged during the tenancy. However, the invoices presented for those items included other work which was not addressed at the hearing. I award $650 for the window repair and $300 for the light switch repair. The amounts ordered are proved.
16. The landlord did not pursue other claims at the hearing.
17. As the landlord was partially successful, I award reimbursement of the Tribunal application fee. However, neither party was substantially successful, so I decline the landlord’s request for suppression of its details.
R Morgan
01 April 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 accepted that rent was owed and the landlord provided proof of the amount.
- The landlord provided evidence showing that most of the premises were reasonably clean.
- The tenant accepted responsibility for the broken window and damaged light switch during the tenancy.
❌ Tends to be rejected
- The landlord's claim for excessive cleaning fees was reduced due to the invoice being considered unreasonable.
- The landlord's request for full exterior washdown and exterior window cleaning was not supported as these are landlord maintenance items.
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 damages for cleaning and repairs, with the cleaning amount reduced.
What was the dispute about?
The dispute was over rent arrears, cleaning, and repairs to the premises.
How did the court decide, and why?
The court decided that the tenant must pay rent arrears and damages for cleaning and repairs, but reduced the cleaning amount because the invoice was considered excessive.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(2)(a), and 41 were applied.
What was the argument that mattered most?
The argument that mattered most was whether the invoice for cleaning was reasonable given the condition of the premises.
Was the decision for or against the person who brought the case?
The decision was for the landlord, as the tenant was ordered to pay rent arrears and damages for cleaning and repairs.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that any invoices for cleaning and repairs are reasonable and supported by evidence.
What evidence or documents mattered?
Photographs of the premises and rent records were important pieces of evidence.