Tenant's Cleaning Obligations Upheld, Except for Oven
📌 In brief
The Tenancy Tribunal ruled that the tenant fulfilled their obligation to leave the rental property reasonably clean and tidy, except for the uncleaned oven. The landlord requested compensation for cleaning costs, but the Tribunal awarded only for the oven cleaning.
⚖️ Legal holding
A tenant is entitled to have the premises returned in a reasonably clean and tidy condition, excluding specific areas that were not cleaned.
📖 What the law says
This section states that a tenant must keep the premises reasonably clean and tidy during the tenancy. It also requires the tenant to leave the premises in a reasonably clean and tidy condition when they move out, and to remove all their belongings and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ruled that the tenant's obligation to leave the premises reasonably clean and tidy was met, except for the uncleaned oven.
📜 Headnote Official document
In this Tenancy Tribunal case, the landlord claimed the tenant failed to leave the premises reasonably clean and tidy. The Tribunal found that the tenant had generally met their obligations, except for failing to clean the oven.
📚 Full judgment Official document
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[2025] NZTT 5178791, 5166394
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. [NAME] to pay [COMPANY] For [NAME] $100.00 from the bond, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $2,720.00 (3512942-010) immediately apportioned as follows:
[COMPANY] For [NAME]: $100.00
[NAME]: $2,620.00
Description Landlord Tenant Oven/stove cleaning $100.00 Total award $100.00 Bond $100.00 $2,620.00
Reasons:
1. This is a cross application. Both parties attended the hearing which was held by teleconference. The landlord was represented by [NAME].
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2. The landlord has applied for $517.50 compensation for cleaning costs, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
3. The tenant has applied for the full refund of his bond.
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 landlord claims the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord produced an invoice for cleaning for $517.50, and photographs of the property pre tenancy and post tenancy.
6. The tenant also produced photographs of the property pre tenancy and post tenancy.
7. The landlord’s photographs from the start of the tenancy show the premises to be very clean, particularly the skirting boards and windowsills.
8. The landlord’s end of tenancy photographs show some dust on skirting boards and windowsills, dust in some kitchen cubby holes, an oven that had not been cleaned and some other areas that are not perfectly clean and tidy.
9. The tenant’s photographs from the start of the tenancy show areas of the premises which are clearly not reasonably clean and tidy. These include the cupboard in the basement which is very dirty, the bathroom ceiling which has significant mould showing, rubbish bins which have rubbish in them, the kitchen splash-back which is discoloured, piles of leaves gathered on the deck and rubbish in the basement.
10. The tenant’s photographs taken at the end of the tenancy show these areas as mostly significantly cleaner than at the beginning of the tenancy, not least of which because the tenant painted and renovated many of them.
11. The tenant is not making any claim for compensation for the work he did, and the landlord made the point that the work the tenant voluntarily undertook to improve the premises, should not excuse him from his obligation at the end of the tenancy to return the premises in a reasonably clean and tidy condition.
12. The tenant stated that he spent a full day cleaning the premises at the end of the tenancy, although he accepts he did not clean the oven and he accepts he missed some other areas.
13. A tenant’s obligation is to return the premises in a reasonably clean and tidy condition. They do not have to be perfectly clean and tidy, nor nearly perfectly
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clean and tidy. A responsible landlord will often choose to undertake a deep clean between tenancies.
14. What is reasonable with regard to clean and tidy, is somewhat open to interpretation.
15. The landlord stated that in his opinion at the beginning of the tenancy the premises were presented in reasonably clean and tidy condition. This notwithstanding the mould in the bathroom, the condition of the kitchen splashback, the dirty basement and all the other points raised by the tenant and noted above in paragraph 9.
16. Some people might disagree with the landlord about this.
17. When I look at the photographs and hear the information from both parties, I consider the condition in which the premises were returned at the end of the tenancy to be more or less on a par with how they were presented at the beginning of the tenancy. The landlord and tenant in their photographs have focussed their attention on areas that suit their respective arguments. The dust, dirt and spiderwebs are in different places at the end of the tenancy from at the beginning, but overall the premises are in reasonably clean and tidy condition on both occasions.
18. I certainly do not consider it would be reasonable to hold the tenant to a higher standard of reasonably clean and tidy at the end of the tenancy, to which the landlord presented the property in, at the beginning of the tenancy.
19. The one exception to this is the oven, which in my opinion should have been cleaned at the end of the tenancy. I make an award for this.
20. The amount ordered is proved.
21. Because each party has been somewhat successful with their application, the filing fee costs can lie where they fall.
[NAME]
04 June 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 left the premises mostly cleaner than at the beginning of the tenancy.
- The tenant's efforts to clean and renovate the premises showed responsibility.
- The tenant did not need to achieve a perfect standard of cleanliness.
- The tenant's failure to clean the oven was the only specific area noted as needing attention.
❌ Tends to be rejected
- The tenant did not fully meet the obligation to leave the premises in a reasonably clean and tidy condition.
- The tenant did not clean the oven, which was a specific requirement.
- The tenant's photographs focused on areas that suited their argument, potentially misleading.
- The tenant's actions did not excuse him from his obligation to leave the premises reasonably clean and tidy.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal decided that the tenant met their obligation to leave the premises reasonably clean and tidy, except for the uncleaned oven.
What was the dispute about?
The dispute was about whether the tenant left the rental property reasonably clean and tidy at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant had generally met their obligations, except for the uncleaned oven, based on the evidence presented by both parties.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 40(1)(e)(ii)-(v), was applied.
What was the argument that mattered most?
The most important argument was the condition of the premises at the end of the tenancy compared to the beginning, focusing on the cleanliness of the oven.
Was the decision for or against the person who brought the case?
The decision was partially for the tenant, as the landlord's request for full compensation was denied, except for the oven cleaning.
What does this mean for someone in a similar situation?
For tenants in a similar situation, it means that leaving the premises reasonably clean and tidy is required, but perfection is not expected.
What evidence or documents mattered?
Photographs of the property taken at the beginning and end of the tenancy were crucial in determining the cleanliness of the premises.