Published tribunal order
Tenancy Tribunal case 5319699 — Tenancy dispute at 3 Gwendoline Avenue, Te Atatu Peninsula, Auckland 0610
Decided 9 Dec 2025 · Published 9 Dec 2025 · Application 5319699
- Cleanliness
- Rubbish Removal
Order
- [The tenant/s] must pay Kāinga Ora–Homes and Communities $758.72 immediately, calculated as shown in table below.
Reasons
- Mr Van Gent appeared for the landlord by telephone. Unsuccessful attempts were made to contact the tenant on the phone number provided and the matter has proceeded in their absence.
- The tenancy commenced on 15 October 2019 and ended on 4 June 2025. On 6 August 2025, the landlord filed a claim for cleaning and removal of rubbish.
- The landlord has produced an end-of-tenancy inspection report dated 6 June 2025, showing the condition of both the interior and exterior of the property. Law
- At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish.
- The Act does not require the premises to be returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, and not on the subjective opinions of the landlord and tenant.
- The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (Act). Decision
- Having considered the photographs contained in the end-of-tenancy inspection report, I am satisfied that the tenant failed to remove all rubbish. The amount claimed is reasonable in the circumstances and is awarded. However, there is insufficient evidence to establish that the tenant failed to leave the kitchen cupboards reasonably clean, and that claim is dismissed.