Published tribunal order
Tenancy Tribunal case 5320739 — Rent arrears at 25E Lynbrooke Avenue, Blockhouse Bay, Auckland 0600
Decided 30 Jan 2026 · Published 30 Jan 2026 · Application 5320739
- Rent arrears
- Cleanliness
Order
- [The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Home 365 Property Management Limited as the agent for Chantilly Estate C/[The tenant/s] landlord/s] $7,130.37 immediately, calculated as shown in table below.
Reasons
- Only the landlord attended the hearing. The tenant said she would be appearing by phone but did not pick up calls and did not appear at the Courthouse.
- The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent and water?
- The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy, as ordered above.
Did the tenant comply with their obligations at the end of the tenancy?
- 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.
- The landlord sought: a. $563.50 for cleaning b. $862.50 for paint damaged by kids’ drawings c. $1858.40 for carpet replacement d. $1092.50 for rubbish removal
- The afternoon prior to the hearing, the landlord submitted an entry and exit report, containing photographs of the premises. The landlord sent this to the tenant as well.
- I am satisfied the tenant left a lot of rubbish behind and I allow that claim, as ordered above.
- I am not satisfied, based on the photographs, that the amount claimed for cleaning should be allowed in full.
- The obligation of the tenant is to leave the premises reasonably clean and tidy. “Reasonably” clean means clean to the standard an average, reasonable bystander would consider reasonable. 1
- The tenant's obligation is not an absolute standard, and it does not mean that the premises will be immaculate, spotless, or commercially clean. It also does not mean that the premises will necessarily be ready for occupation by a new tenant, the owner or ready for sale.
- It is to be expected that a landlord will spend some time (or pay someone else) on cleaning and maintenance work between tenancies. This is part of the 1 Housing New Zealand v Holloway TT Auckland TT215/93, 8 February 1993 business of being a landlord, as is remedying any paint damage caused by wear and tear.
- The test as to whether premises are in a reasonably clean and tidy condition is an objective test, not to be determined based on the subjective opinion of either the landlord or the tenant. Also, a tenant should not be expected to keep the premises any cleaner or tidier than they were at the start of the tenancy.
- In Ace Property Management v Owens 2 , the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonable tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.
- I will allow $300 as a contribution to the cleaning cost, as I am satisfied that some cleaning is required, just not the full amount claimed.
- The landlord has also sought the cost of painting and replacing carpets.
- I will allow $300 towards the cost of painting over the kid’s drawings, although I comment that the quality of the evidence here was borderline. I consider the damage to be deliberate.
- I do not allow the repainting cost in full as the rest of the “damage” appears to be scuff marks, consistent with wear and tear.
- I do not allow the claim for carpet replacement. First because the quality of the evidence is poor. I am not satisfied that replacement as opposed to cleaning is the required remedy. Further, the amount claimed is based on a quote. The cost itself has not yet been incurred.
- Because Home 365 Property Management Limited as the agent for Chantilly Estate C/[The tenant/s] landlord/s] has succeeded with the claim I must reimburse the filing fee.