Published tribunal order
Tenancy Tribunal case 5324568 — Cleanliness at 5 Eileen Newey Place, Henderson, Auckland 0612
Decided 13 Oct 2025 · Published 13 Oct 2025 · Application 5324568
- Cleanliness
Reasons
- Only the landlord attended the hearing. Mr Makka appeared for the landlord.
- I delayed the start of the hearing in case the tenant was running late. There was however no appearance by the tenant. I am satisfied that the tenant has been served with the landlord’s application and so the hearing proceeded in the tenant’s absence.
- The landlord said that the tenant entered into a 12-month fixed term tenancy on 8 March 2025. Rent was $595.00 per week. The tenant paid a bond of $2,380.00.
- However only three months into the tenancy, on 4 June 2025, the landlord received an email from the tenant saying that he wished to move to be closer to his support network and requested that any outstanding rent be deducted from the bond. The landlord responded and said that the tenant would be liable for rent until they found a new tenant together with fees.
- The landlord said that the bond has already been released to the landlord by agreement. This covered rent of $2,210.00 until a new tenant was found, and once water arrears were deducted there was a balance remaining of $23.78 which the landlord is holding pending the outcome of this claim.
Is the landlord entitled to recover expenses?
- The landlord claimed the sum of $684.25 for doing open homes, credit checks, and outgoing and new ingoing inspection and related expenses.
- The landlord also claimed the sum of $240.00 in marketing fees.
- Section 44A RTA provides that a landlord is entitled to recover reasonable expenses incurred in such circumstances, but the landlord must provide the tenant with an itemised list of expenses.
- The landlord provided the tenant with information of the fee to be charged but this did not include the marketing expenses.
- In the circumstances I only award the expenses that the tenant was advised of in the amount of $684.25.
Did the tenant comply with their obligations at the end of the tenancy?
- At the end of the tenancy the tenant must leave the property reasonably clean and tidy and remove all rubbish (see sections 40(1)(e)(ii) and (iii) RTA)
- The landlord said that they tenant did not leave the property reasonably clean and tidy and did not remove all rubbish. They said that the kitchen, lounge and laundry floor all needed mopping, the bathroom mirror needed cleaning, the toilet needed cleaning and that all of the kitchen cupboard and drawers needed to be wiped out.
- The landlord also said that there was a bed left in the upstairs room, various items left in drawers around the house and rubbish left in the back garden.
- The landlord produced an invoice in the amount of $287.50 for cleaning and $368.00 for rubbish removal. The invoice also included a sum for small miscellaneous work done which the landlord advised was not claimed as these repairs were considered fair wear and tear.
- I have reviewed the photos and invoice and consider that the amounts claimed are reasonable. I order accordingly. Filing fee and name suppression
- The landlord has been substantially successful in their claim and so I have reimbursed the filing fee.
- The landlord did not seek an order for name suppression.