Tenant Ordered to Pay Rent Arrears and Excessive Cleaning Costs
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and damages for excessive cleaning and repairs beyond normal wear and tear, based on evidence provided by the landlord.
⚖️ Legal holding
A tenant is responsible for rent arrears and damages exceeding fair wear and tear.
📖 What the law says
This section states that a tenant must pay rent on time as agreed in their tenancy agreement. It also requires the tenant to keep the rental property reasonably clean and tidy, and to leave it in that condition when they move out, removing all their belongings and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and damages for excessive cleaning and repairs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages for excessive cleaning and repairs beyond fair wear and tear, based on photographic and financial evidence provided by the landlord.
📚 Full judgment Official document
__________________________________________________________________________________ 5194633 1
[2025] NZTT 5194633
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $5,602.37 immediately, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $194.00 (3026267-008) to Kāinga Ora– Homes And Communities immediately.
Description Landlord Tenant Rent arrears as at 15.4.25 $927.71 Rubbish removal: Outside $1,148.84 Rubbish removal: Inside $2,876.03 Cleaning $678.61 Window repairs $121.84 Repairs: Wall damage $43.34 Total award $5,796.37 Bond $194.00 Total payable by Tenant to Landlord $5,602.37
Reasons:
1. The landlord attended the hearing via remote teleconference. Two attempts were made to contact the tenant on the telephone number provided with the application. On both occasions the phone call went unanswered to voicemail.
__________________________________________________________________________________ 5194633 2
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 5 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the landlord’s rent ledger I am satisfied that the tenant is responsible for this debt. The landlord advised during the hearing that the tenant has made weekly payments towards the rent debt.
4. The claim for rent arrears is proven.
Did the tenant comply with their obligations at the end of the tenancy?
5. 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.
6. The landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided comprehensive photographic evidence confirming the state of the premises at the conclusion of the tenancy. The tenant had vacated, leaving behind an entire household of furniture and belongings. The property required extensive cleaning. I have also sighted the landlord’s expense ledger filed in support of the amounts claimed.
7. The amounts ordered for rubbish removal and cleaning 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. 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.
10. 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
__________________________________________________________________________________ 5194633 3
four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
11. 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.
12. 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.
13. 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.
14. The landlord claims that the following damage was caused during the tenancy: damage to a bedroom wall and damage to a laundry window. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Having sighted the landlord photographic evidence in support of these claims I am satisfied that the damage is intentional. I have also sighted the landlord’s expense ledger confirming the repair costs incurred by the landlord. The amounts claimed by the landlord are reasonable.
15. The amounts ordered for the bedroom wall and laundry window repairs are proved.
16. The landlord does not seek reimbursement of the filing fee.
[NAME]
16 April 2025
__________________________________________________________________________________ 5194633 4
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/
__________________________________________________________________________________ 5194633 5
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 amount of rent owed at the end of the tenancy with rent records.
- The landlord provided extensive photographic evidence showing the state of the premises.
- The tenant left behind an entire household of furniture and belongings, requiring extensive cleaning.
- The damage to the bedroom wall and laundry window was more than fair wear and tear.
- The landlord provided photographic evidence and an expense ledger to support the claims for damage repairs.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay rent arrears and damages for excessive cleaning and repairs beyond fair wear and tear.
What was the dispute about?
The dispute was about the tenant's responsibility for rent arrears and damages for excessive cleaning and repairs beyond fair wear and tear.
How did the court decide, and why?
The court decided that the tenant was responsible for the rent arrears and damages for excessive cleaning and repairs because the landlord provided photographic and financial evidence showing the extent of the damage.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(1)(ca), and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was the photographic and financial evidence provided by the landlord showing the extent of the damage and the need for repairs.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means they could be held responsible for rent arrears and damages for excessive cleaning and repairs beyond fair wear and tear.
What evidence or documents mattered?
Photographic and financial evidence provided by the landlord mattered in this case.