Published tribunal order
Tenancy Tribunal case 5370512 — Cleanliness
Decided 11 Mar 2026 · Published 11 Mar 2026 · Application 5370512
- Cleanliness
Party names are redacted in the official published order.
Order
- The Tribunal orders suppression of the parties’ names and identifying details.
- [The tenant/s] must pay [The landlord/s] $1,816.48 immediately, calculated as shown in the table below. DescriptionLandlord Cleaning$465.35 Rubbish removal: Interior$492.63 Rubbish removal: Exterior (half of $717.00)$358.50 Lawns$500.00 Total payable by Tenant to Landlord$1,816.48
- The landlord claim for rangehood filters and cleaning kitchen cupboards is withdrawn.
- The remainder of the claims are dismissed.
Reasons
- Both parties attended the hearing.
- This was a long term tenancy. The tenant rented a brand new 2 bedroom home from the landlord and lived there for ten years from October 2015 to October 2025. Initially the tenant’s father also lived with her and then after he moved out she continued to live there alone.
- The tenant has applied for compensation and/or exemplary damages and claims there have been breaches by the landlord due to breach of quiet enjoyment resulting from interference from the neighbours, failing to repair a fence, failing to address drainage and mould issues at the premises both inside and outside in breach of Healthy Homes obligations.
- The landlord has applied for compensation for cleaning, rubbish removal and damage following the end of the tenancy.
- There have been two previous orders made in respect of this tenancy.
- The landlord advised the Tribunal that a previous order was issued on 28 May 2024. In that order the Tribunal dismissed claims filed by the tenant which included failure to maintain (plumbing and dampness issues, liquid coming from the ceiling, wiring issues with the smoke alarm and wet carpets), breach of quiet enjoyment due to interference by the neighbours, contamination in the pipes and failure to comply with insulation standards. The Adjudicator considered these claims and acknowledged the tenant’s belief in these concerns but found that they were not proved to the required standard.
- On 14 October 2025 the Tribunal made an order terminating the tenancy and granting possession to the landlord on 16 October 2025.
- The Tribunal is not able to determine matters that have already been decided by a previous adjudicator.
Is the landlord responsible for breach of quiet enjoyment?
- The tenant has stated her concerns about the actions of the neighbours at the rear of the premises and stated that she believed the neighbour was accessing her property and tampering with the premises.
- I am not able to determine matters in relation to breach of quiet enjoyment by the neighbour as the Tribunal has already dismissed this claim as stated in paragraph 31 of the order dated 28 May 2024 quoted below: “In terms of the tenant’s concerns, section 38(2) of the RTA states that the landlord cannot interfere with the reasonable, reasonable peace, comfort or privacy of the tenant in their use of the premises. Based on the available evidence, the tenant has not established that the landlord has been in breach of this responsibility. Furthermore, as the neighbour is not a tenant of the landlord, there is no further obligation on the landlord in terms of the neighbour’s alleged behaviour.” Did the landlord fail to repair and maintain the premises in a reasonable state of repair?
- The tenant claims that the landlord failed to maintain the premises in a reasonable state of repair.
- A landlord must provide and maintain the premises in a reasonable state of repair having regard to the age and character of the premises. See section 45 of the Residential Tenancies Act 1986 (RTA)
- A tenant must notify the landlord as soon as possible after discovery of any damage to the premises. See section 40 of the RTA
- The tenant claimed that the landlord breached their obligations as follows:
- Fence (a)The tenant claimed that the landlord failed to repair fence palings that were damaged by the neighbour. The tenant provided photographs of the fence taken in September 2025 and stated that she verbally informed the property manager of the moved palings and gave 14 days written notice to remedy on 1 October 2025. The tenant further stated that the fence damage should have been evident to the property manager on inspections. (b)The landlord stated that they were not aware of damage to the fence and provided copies of inspections done in March 2025 and August 2025 which did not show the damage to the fence that was in the tenant photos taken in September 2025. The landlord further stated that the tenancy was terminated by order dated 14 October 2025. (c)Having considered the evidence I accept that the tenant was concerned about the condition of the fence in September and October 2025 and reported this to the landlord. However, I find that the tenant has not provided sufficient evidence to prove on the balance of probabilities that the landlord was in breach of their obligation to maintain. The damage claimed by the tenant was not evident in the inspections done in March and August 2025 and tenancy was terminated by an order made prior to the expiry of the 14-day notice.
- Moisture and mould, insulation and Healthy Homes issues (a)The tenant claimed that the landlord failed to address drainage and mould issues inside and outside the premises and also that the insulation was moved. The tenant provided photographs of a corner of lifted carpet showing a dark patch on the wood and photographs of skirtings and claimed this was mould and photographs of marks on the bedroom skirtings. The tenant also provided photographs including of pipes underneath the house, the guttering, the outside stairs and the insulation. The tenant claimed that there was a backflow problem and water was going up from the ground to the guttering and then leaking. (b)The landlord disputed these claims and stated that they were mostly dealt with by the Adjudicator in May 2024. The landlord provided a copy of the inspection reports done since May 2024 in March 2025 and August 2025 and stated that there were no issues with mould or drainage. The landlord stated that they have been responsive to investigate any issue raised by the tenant and provided a printout of work orders issued in response to matters raised by the tenant which recorded numerous visits to the premises. (c)I have carefully considered the evidence and find that the tenant has failed to prove the claims for the following reasons: (i)The claim raised regarding the insulation being in breach of Healthy Homes standards is a repeat of the claim determined by the Tribunal in 2024 and cannot be redetermined. (ii)The claim regarding the dampness issues was also raised in May 2024. I cannot consider any evidence or issues that arose prior to May 2024 as these have been determined and dismissed. (iii)I have considered the new photographs of the carpet and skirtings that the tenant stated were taken in October 2025. It is difficult to ascertain from the photographs whether there is mould present. I accept that the tenant believes so. However, there is no mention of these issues in the regular inspections done or written notice prior to 1 October provided. The written notice to remedy was sent to the landlord on 1 October 2025 and the Tribunal ordered on 14 October 2025 that the tenancy end on 16 October 2025. I find that there is insufficient evidence that the landlord failed to investigate this issue in a timely manner. (iv)There was insufficient evidence provided by the tenant to prove the claim regarding the backflow of drainage water upwards to the guttering on the balance of probabilities.
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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
- The landlord claimed that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. A copy of the exit inspection report with photographs was provided.
- The landlord withdrew the claim for kitchen cupboard cleaning.
- The tenant stated that due to the circumstances in which her tenancy was terminated by the Tribunal she had to move out in a hurry with little notice and she did the best she could to remove her belongings. The tenant also claimed that there were rubbish items outside the premises that did not belong to her including a mattress.
- This tenancy ended on 31 October 2025 and the exit inspection report is dated 3 November 2025. Having considered the exit report and the tenant’s evidence I find that the landlord has proved on the balance of probabilities that the interior of the premises needed cleaning and rubbish removal. In respect of the exterior as the exit inspection was done a few days after the tenancy ended I find that although there was a need for rubbish removal and grass cutting not all exterior rubbish belonged to the tenant. I therefore order the tenant to pay the cost of grass cutting but only half of the cost of exterior rubbish removal.
Is the tenant responsible for the damage to the premises?
- A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
- The landlord claims that there was damage to bedroom 2 as two holes were caused during the tenancy and seeks the sum of $80.32 for the repair. The landlord provided photographs of the damage. The tenant denied liability and stated that she had no knowledge of this damage. I have carefully considered the evidence of the damage claimed and the size of the holes and find that given the length of the tenancy there is not more than fair wear and tear and the claim is dismissed. Suppression
- The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. Having considered the factors in this case the Tribunal orders suppression of all parties identifying details which is consistent with the previous orders made.