Tribunal Awards Rent Arrears but Dismisses Cleaning Costs Claim
📌 In brief
In a recent Tenancy Tribunal case, the Tribunal awarded rent arrears to the landlord but dismissed the claim for cleaning costs, ruling that the tenant did not breach her obligations under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is liable for rent arrears if they fail to provide sufficient written notice to terminate the tenancy.
📖 What the law says
This section outlines the tenant's responsibilities, including paying rent on time, keeping the premises reasonably clean, and leaving the property in a clean and tidy condition when moving out.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal awarded rent arrears but dismissed the claim for cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal awarded rent arrears to the landlord but dismissed the claim for cleaning costs, finding that the tenant did not breach her obligations under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 4969294
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] to pay [COMPANY] [NAME] $1,510.71 from the bond, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 03/08/2024 $1,510.71 Total award $1,510.71 Bond $1,510.71 $889.29
2. The Bond Centre is to pay the bond of $2,400.00 (5962864-006) immediately apportioned as follows:
[COMPANY] [NAME]: $1,510.71
[NAME]: $889.29
3. The landlord’s claim for cleaning costs is dismissed.
Reasons: 1. Both parties attended the hearing which was held by teleconference on 8 January
2025.
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2. This tenancy commenced on 1 February 2018 and ended on 3 August 2024. The landlord has filed an application for rent arrears up to 3 August 2024 ($1,510.71); compensation for cleaning costs ($1,527.49), refund of the bond and reimbursement of the filing fee following the end of the tenancy.
3. The burden of proof rests with the landlord to establish their claims on the balance of probabilities.
Rent Arrears
4. The landlord provided a rent summary in support of the claim. The tenancy ended on 3 August 2024, following notice given by the landlord.
5. The tenant disputed the arrears, stating that the property manager had verbally agreed she could give any notice. The tenant gave five days’ notice and vacated early, only to be later informed that the notice was insufficient, and she remained liable for rent until 3 August 2024.
6. Under section 51(2) of the Residential Tenancies Act 1986 (RTA), if a landlord terminates a periodic tenancy by giving notice, a tenant may still end the tenancy earlier by providing at least 28 days’ notice in writing. In the absence of such written notice, the tenant remains liable for rent until the tenancy’s scheduled end date.
7. The tenant was unable to provide evidence that the property manager waived this requirement. She asserted that the agreement was made over the phone, but verbal agreements are inherently difficult to verify. The landlord, however, presented documentary evidence supporting the claim.
8. On balance, I accept the landlord’s evidence and find the tenant liable for rent arrears of $1,510.71, covering the period to 3 August 2024.
Cleaning Costs
9. The landlord submitted a final inspection report and accompanying photographs, asserting that the premises were left in an extremely unclean condition, unsuitable for either a new tenant or the owner. The cleaning invoice detailed the following work:
• Bathrooms: Scrubbed, mould removed, hair cleaned from shower drains and sinks.
• Windows & Doors: Scrubbed all window sills and bases, cleaned glass doors inside and out.
• Kitchen: Cleaned all surfaces, cupboards (inside and out), under the refrigerator, on top of kitchen cabinets, under the oven before replacing it with a new one.
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• Living Areas: Cleaned all walls, vacuumed, and mopped floors.
10.The tenant maintained that she had cleaned the property before vacating and argued that the cleaning charge was excessive and beyond her legal obligations.
11.Under section 40(1)(e)(ii)-(iii) of the RTA, a tenant must leave the premises in a reasonably clean and tidy condition, but is not required to meet commercial cleaning standards. The standard of ‘reasonably clean and tidy’ will vary according to the age and condition of the premises. There is no requirement that every surface be immaculate or that each and every individual item in the premises be left ‘reasonably clean and tidy’. This claim must be seen in the overall context of the cleanliness and tidiness of the premises at the end of the tenancy.
12.Upon reviewing the photographs, I find that while some areas required additional cleaning, the overall condition of the premises does not support the landlord’s assertion that it was in an unacceptably unclean state. Given that this was a six- year tenancy, some level of accumulated wear and minor grime is to be expected. Furthermore, it is common for landlords to arrange commercial cleaning as part of routine property maintenance, irrespective of a tenant’s efforts. The cleaning tasks listed in the invoice suggest a deep clean, which exceeds what a tenant is legally required to undertake at the end of a tenancy.
13.Accordingly, I find that the tenant did not breach her obligations under the RTA, and I decline to award the landlord compensation for cleaning costs.
Filing Fee
14.Under section 102(4) of the RTA, a Tribunal may order reimbursement of the filing fee if a party is wholly or substantially successful. As the landlord has not succeeded in the majority of their claim, I decline to award the filing fee reimbursement.
[NAME]
11 February 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 landlord provided a rent summary to support their claim for unpaid rent.
- The tenant did not provide written notice to end the tenancy earlier than the landlord's notice.
- The landlord presented documentary evidence to support their claim for rent arrears.
- The property's overall condition did not support the landlord's claim that it was unacceptably unclean.
- The cleaning tasks listed in the invoice suggested a deep clean, which is more than a tenant is legally required to do.
❌ Tends to be rejected
- The landlord's claim for cleaning costs was dismissed because the tenant was not required to meet commercial cleaning standards.
- The landlord's claim for cleaning costs was dismissed because some wear and grime are expected after a six-year tenancy.
- The landlord's claim for cleaning costs was dismissed because commercial cleaning is often part of routine property maintenance.
- The landlord's claim for the filing fee was declined because they were not substantially successful in their overall claim.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal awarded rent arrears to the landlord but dismissed the claim for cleaning costs.
What was the dispute about?
The dispute was about whether the tenant owed rent arrears and whether the landlord was entitled to compensation for cleaning costs.
How did the court decide, and why?
The court decided that the tenant was liable for rent arrears but not for cleaning costs, based on the evidence presented and the requirements under the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 51(2) and 40(1)(e) were applied.
What was the argument that mattered most?
The most important argument was that the tenant failed to provide sufficient written notice to terminate the tenancy, making her liable for rent arrears.
Was the decision for or against the person who brought the case?
The decision was partly for and partly against the landlord, as it awarded rent arrears but dismissed the claim for cleaning costs.
What does this mean for someone in a similar situation?
For tenants, it means ensuring proper notice is given when terminating a tenancy to avoid rent arrears. For landlords, it highlights the importance of clear documentation and adherence to legal standards when claiming compensation.
What evidence or documents mattered?
The rent summary, final inspection report, and photographs were key pieces of evidence considered by the Tribunal.