Tenant's Cleaning Claim Partially Allowed by Tenancy Tribunal

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[2026] NZTT 5446711

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted] Agent For [NAME]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]

ORDER

1. [NAME] to pay [COMPANY] As Agent For [NAME] $100.00 immediately from the bond, calculated as shown in the table below.

Description Landlord Tenant Cleaning $100.00 Total award $100.00 Bond $100.00 $2,540.00

2. The Bond Centre is to pay the bond of $2,640.00 (BN-17054951) immediately apportioned as follows:

[COMPANY] As Agent For [NAME]: $100.00

[NAME]: $2,540.00

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Reasons:

1. Both parties attended the hearing on 17 July 2026. [NAME] and [NAME] appeared on behalf of the landlord.

2. The landlord seeks an order for compensation of $690.00 for cleaning and $497.00 for carpet cleaning.

3. As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

4. As noted by the District Court in Katipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that:

…[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit of not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

5. I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely.

6. A lot of evidence was given at the hearing. This decision will only discuss the relevant parts.

Did the tenant leave the premises reasonably clean and tidy at the end of the tenancy?

The law

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.1

8. “Reasonably” clean means clean to the standard an average, reasonable bystander would consider reasonable.2 It does not mean commercially clean,3

1 Residential Tenancies Act 1986, section 40(1)(e)(ii) – (v). 2 Housing New Zealand v Holloway NZTT Auckland TT215/93, 8 February 1993 at [8]. 3 Mills v Kiwi Property Care Ltd NZTT Auckland TT215/93, 8 February 1993 at [8].

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spotless4 or to a hotel or motel standard.5 The better the premises and the higher the rent payable, the higher the standard expected.6

Analysis

9. The landlord submitted a copy of the exit inspection report with photographs taken at the end of the tenancy. These show the premises were mostly left in a reasonably clean and tidy condition, with a few small exceptions. For example, the light switch in the storage room was quite greasy. A cupboard underneath a sink in the storage room also had a small piece of tissue paper in it and had not been wiped clean. In the kitchen, the skirting underneath the oven was a little bit greasy and there was a small amount of debris on the kitchen floor, as well as in the lounge. With the exception of these areas, I find the tenant left the premises reasonably clean and tidy.

10. The landlord submitted an invoice for $690.00 for cleaning. The landlord claims a deep clean was required to get the premises ready for a new tenant. Landlords often like to ensure that premises are presented in a pristine condition for new tenants, because this ensures the new tenancy starts off on a good footing. That is understandable however, it is not the responsibility of the outgoing tenant to leave the premises immaculate. If a landlord wants the premises to be pristine for a new tenant, this is a cost of business that they must bear themselves. Tenant’s only need to leave the premises reasonably clean and tidy. With the exception of the areas noted above, I find the tenant in this case met their responsibilities.

11. The landlord’s claim for compensation for cleaning is granted for $100.00 to address the areas identified above.

Is the tenant responsible for stains to the carpet during the tenancy?

The law

12. 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.7

4 Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 5 Richards v Scully NZTT Christchurch TT858/97, 8 May 1997 at [3]; Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 6 Westwood v Western [1994] DCR 759 at [770]. 7 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B.

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13. Fair wear and tear has been defined as the deterioration of premises due to both reasonable use and ordinary operation of natural forces, reasonable conduct on the part of the tenant being assumed. The amount of damage is not relevant.8

Analysis

14. The entry inspection photographs clearly show the carpet was already stained in a number of areas throughout the premises. There was a large brown stain in the lounge, as well as small white paint spots. The carpet in the hallway also had white paint spots on it, as well as some darker marks. The carpet on the stairs had some dark marks on it. The carpet in bedroom 1 had small, white paint spots on it. The notes on the entry inspection report state there were “existing marks” on the flooring in the hallway, lounge, all three bedrooms, powder room and bathroom 2.

For these reasons, I am not convinced that any staining to the carpet occurred during the tenancy. I find it more likely that it was pre-existing.

15. The landlord’s claim for $497.00 for carpet cleaning is dismissed.

Filing fee

16. The landlord sought $1,182.00 in compensation for cleaning and carpet cleaning. They have been successful in obtaining an order for $100.00 for cleaning. I do not consider the landlord has been substantially successful with their claim and for this reason, I do not order the tenant to reimburse the filing fee.

[NAME]

18 June 2026

8 See discussion in Accessible Properties New Zealand Ltd v McKeefry [2019] NZTT 4114629, 4169403.

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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, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is 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: