Tenantcheck Insights · Case study
Tenancy Tribunal case 5356264 — Cleanliness
Decided 18 Feb 2026 · Published 18 Feb 2026 · Application 5356264
- Cleanliness
At a glance
Key facts from the published tribunal order.
Adjudicator
D Watson
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- The Tribunal orders suppression of the [Tenant’s] name and identifying details.
- The Bond Centre is to pay the bond of $1,840.00 ([Bond number suppressed]) to [The tenant/s] immediately.
- The Landlord’s application is dismissed.
Reasons
- Only the landlord attended the hearing.
- This matter was adjourned previously to allow the landlord the opportunity to submit further evidence to the Tribunal in support of their claim that the tenant should pay a cleaning related invoice of $739.50.
- The applicant is required to establish a claim to the civil law standard of proof- on the balance of probabilities. They must prove the facts necessary to support their claim to this standard.
- At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish.
- “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 business of being a landlord. 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.
- The photographs shown to me that were taken when the tenant moved out do show the property presented to a reasonably clean and tidy level. I note there was only a very small selection of photographs from before the tenancy commenced. I have very little evidence as to what the tenancy looked like at the outset.
- The Landlord has not proven their claim. They have not proven the property was not left reasonably clean and tidy. In reaching this finding, I apply the case law referred to above.
- The tenant has been successful and is entitled to suppression.