Tenant's tenancy terminated for failing to maintain cleanliness
📌 In brief
The Tenancy Tribunal terminated the tenancy of the tenant because the premises were not kept clean and tidy, despite multiple warnings and attempts to rectify the situation.
⚖️ Legal holding
A tenant must keep the premises reasonably clean and tidy under the Residential Tenancies Act 1986.
📖 Technical summary
The tenancy was terminated due to the tenant's failure to maintain the premises in a clean and tidy condition.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to repeated failures to maintain the premises in a clean and tidy condition, as required by the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2026] NZTT 5450168
TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE], Berwick Courts
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE], Berwick Courts is terminated, and possession is granted to [COMPANY], at 11.59pm on Thursday 2 July 2026.
2. The Bond Centre is to pay the bond of $316.00 (BN-00039869) to [COMPANY] immediately.
3. [NAME] must pay [COMPANY] $3,457.92 immediately, calculated as shown in the table below.
4. The tenant must pay the debt in this order at the rate of $20 per week.
5. The next payment must be made on Tuesday 23 June 2026 and payments must continue every Tuesday until the debt is paid in full.
6. If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
Description Landlord Tenant Cleaning and rubbish removal $3,745.92
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Filing fee reimbursement $28.00 Total award $3,773.92 Less bond $316.00 Total payable by Tenant to Landlord $3,457.92
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
Law
3. Tenants must keep the premises reasonably clean and tidy.
4. Section 56 of the Residential Tenancies Act 1986 provides that the Tribunal may terminate a tenancy for breach if, due to the nature or extent of the breach, it would be inequitable to refuse to terminate it. In plain English, the question is whether it is fair to allow the tenancy to continue.
5. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
Background and Decision
6. This tenancy began in January 2025.
7. The tenant’s previous tenancy was with the same landlord, and it ended after the cleanliness of the premises deteriorated to such an extent that it became uninhabitable. The landlord then granted the tenant the current tenancy.
8. The tenant offered an explanation for what occurred previously. It involved a home invasion with Police involvement. The premises cost over $5,000 to clean up and the landlord bore that cost.
9. Sadly, the cleanliness of the current premises has also deteriorated. They became unsanitary and the living conditions were unhygienic.
10. On 27 January 2026 the landlord served a breach notice on the tenant requiring the tenant to restore the premises to a reasonably clean and tidy condition.
11. The tenant accepted that he was not capable to do that, and he authorised the landlord to carry out the necessary work.
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12. The landlord employed contractors to clean the premises and dispose of rubbish at a cost of $4,025.92. The work was completed at the beginning of February.
13. Unhappily, the cleanliness and tidiness of the premises have deteriorated since then and they are now extremely untidy and unclean once again.
14. The tenant explained that he has had health problems and suffered a serious accident, and I accept that. The tenant accepted that it was not fair to allow the tenancy to continue and that it should be terminated. I agree and I have therefore terminated the tenancy and granted the landlord possession of the premises. Whatever personal difficulties the tenant has, it is plainly unfair to the landlord to keep imposing the substantial expense of cleaning the premises on them.
15. The tenant asked for some time to move his things out of the premises and because he has an upcoming medical procedure. The landlord agreed to allow 14 days which I have allowed.
16. The tenant has been paying the recent cost of cleaning the premises at the rate of $20 per week and he confirmed that he will continue doing so. The remaining balance of the cost is $3,745.92.
17. The bond will be paid to the landlord reducing the tenant’s liability by $316.
18. The landlord has been successful and so I have awarded the filing fee.
19. I have ordered the total remaining liability to be paid at the rate of $20 per week with the usual consequences if payments are not made.
[NAME]
18 June 2026
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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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant's previous tenancy with the same landlord ended because the premises became uninhabitable due to cleanliness issues.
- The cleanliness of the current premises also deteriorated, becoming unsanitary and unhygienic.
- The landlord served a breach notice requiring the tenant to restore the premises to a reasonably clean condition.
- The tenant accepted that he was not capable of restoring the premises and authorized the landlord to do the work.
- The tenant agreed that it was unfair for the tenancy to continue and that it should be terminated.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated because the tenant failed to maintain the premises in a clean and tidy condition.
What was the dispute about?
The dispute was about whether the tenant had breached their obligation to keep the premises clean and tidy.
How did the court decide, and why?
The court decided to terminate the tenancy because the premises were repeatedly found to be unsanitary and unhygienic, despite warnings and attempts to fix the issues.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 54, was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had failed to maintain the premises in a clean and tidy condition, as required by the Residential Tenancies Act 1986.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case, as the tenancy was terminated.
What does this mean for someone in a similar situation?
For someone in a similar situation, maintaining the premises in a clean and tidy condition is crucial to avoid termination of the tenancy.
What evidence or documents mattered?
Evidence included the state of the premises, previous warnings, and the cost incurred by the landlord to clean the premises.