What was Tenancy Tribunal case 5396929 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 5396929?

Cleaning: $569.61 awarded to landlord; Rent Arrears: $25.71 awarded to landlord; Rubbish Removal: $4,083.31 awarded to landlord

What type of tenancy dispute was case 5396929?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5396929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13502561-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5396929 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 5396929?

Cleaning: $569.61 awarded to landlord; Rent Arrears: $25.71 awarded to landlord; Rubbish Removal: $4,083.31 awarded to landlord

What type of tenancy dispute was case 5396929?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5396929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13502561-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5396929 — Cleanliness

Claims and awards in Tenancy Tribunal application 5396929 — net $4,456.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 October 2025	$25.71	Rent arrears to 29 October 2025
Cleaning	$569.61	Cleaning
Rubbish removal	$4,083.31	Rubbish removal
Net award	$4,456.63
Total payable by Tenant to Landlord	$4,456.63

Order

The order is released earlier today contained an error at paragraph 2. The tenancy commenced 25 October 2018 and not 25 October 2025. The date is amended. No other changes are made.

The Tribunal orders suppression of the tenant’s name and identifying details.
[Tenant] must pay Kāinga Ora–Homes and Communities $4,456.63 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $222.00 (BN-10056166) to Kāinga Ora– Homes and Communities immediately.

All other claims are dismissed.

Reasons

Mr Campbell appeared for the landlord. The tenant appeared. Both appeared by video.
The tenancy commenced on 25 October 2018 and was periodic. The tenant gave notice, and the tenancy ended 29 October 2025. On 25 November 2025, the landlord filed an application for rent arrears, compensation for cleaning, rubbish removal, and damage.
The application was scheduled for hearing on 20 March 2026. The tenant did not appear, and the matter proceeded in their absence. The tenant subsequently applied for and was granted a rehearing. The matter is being considered afresh. Rent
The landlord provided a rent summary showing that, as of 29 October 2025, the tenant owed $25.71 in rent.
At first, the tenant denied owing any rent, saying the tenancy ended on 8 October 2025. The tenant explained that on 8 October 2025, they gave a termination notice asking to end the tenancy immediately because they were being harassed by gangs, and a family member who had lived at the property at the start of the tenancy had gone missing and already moved elsewhere.
The tenant’s notice has been provided. It is filled out and signed by the tenant, dated 8 October 2025. In the notice, the tenant gives 28 days’ notice but backdates it to start from 6 October 2025.
The landlord did not accept the immediate or backdated termination. Instead, the landlord treated the notice as a standard 21-day notice, meaning the tenancy would end on 29 October 2025. Law
Under section 55(2A) of the Act a tenant may terminate a periodic tenancy by giving the landlord 21 days’ notice.
Under section 50(1)(d) of the Act a tenancy agreement, whether periodic or fixed term may end where the tenant surrenders the tenancy, or delivers up vacant possession of the premises, to the landlord with the landlord’s written consent.
There are also provisions in the Act whereby a party can make an application to the Tribunal to end a tenancy. The Act also contains provisions relating to domestic violence, contamination, or habitability that enable a party to bring a tenancy to an end.
A tenant who gives notice, unless otherwise agreed by the parties, is liable for rent until the expiry of the notice period. Analysis and decision.
There is no evidence that the landlord agreed in writing to bring the tenancy to an end under section 50(1)(d).
The tenant gave 21 days’ notice to end the tenancy. The date of that notice was 08 October 2025. The tenancy ended 21 days later on 21 October 2025. The rent arrears claimed are awarded. Cleaning and rubbish removal
The landlord has produced both a pre tenancy and end of tenancy inspection report including photographs of the interior and exterior of the property.
The property is a town house that was new at the commencement of the tenancy and comprises of two bedrooms, bathroom, laundry, and open plan kitchen/ dining room / lounge.
The landlord has provided a signed authority from the tenant, giving the landlord permission to remove and dispose of items left at the property, and accepting responsibility for the associated costs.
The tenant stated the had sought assistance from MSD with cleaning and remove of items, but that MSD had refused. There appears to be unresolved issues between the tenant and MSD, which the tenant accepts is not within the jurisdiction of the Tribunal. The tenant accepted that no cleaning had been completed and that they had authorised the landlord to remove and dispose of items. Law
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, and return all keys. See section 40(1)(e)(ii) -(v) of the Act.
The Act does not require the premises to be provided or 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.
Determining whether the tenant has failed to leave the property reasonably clean and tidy, and remove all rubbish, will involve an objective assessment. Analysis and decision
I have viewed the pre tenancy and end of tenancy inspection reports. I am satisfied that the property has not been left reasonably clean. The amount claimed is proportionate to the work required and is reasonable.
Putting the tenant’s authority to one side, the evidence establishes that the tenant a significant amount of the tenant’s possessions and other household items and rubbish remained at the property on 29 October 2025. The amount claimed to remove and dispose of these items from the interior and exterior of the property is proportionate and reasonable. Damage
The landlord says the lounge carpet was badly stained and dirty, couldn’t be properly cleaned, and had to be replaced.
The landlord provided end-of-tenancy photos and said there was evidence a dog had been kept at the property. The landlord also pointed to a note in the pre- tenancy inspection report saying the bedroom carpets needed deep cleaning, which suggests the carpets were generally in poor condition at the end of the tenancy.
The tenant agrees there was a small stain on the carpet near the ranchslider but disagrees with the rest of the landlord’s claim. The tenant says the photos were taken before their furniture was moved out, so the carpet is hidden by furniture and shadows, making it hard to see any damage. Law
The landlord must prove that damage to the premises occurred during the tenancy and that it is more than fair wear and tear. This requires the Tribunal to make an objective assessment. Analysis and decision
I agree with the tenant. The end-of-tenancy photos are not sufficient to properly compare the carpet’s condition before and after the tenancy. The landlord’s claim is dismissed. Name suppression
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that their name or identifying particulars of that party not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
Although the landlord has been substantially successful, they do not seek name suppression.
Section 95A (4) further provides the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, may order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.
The tenant seeks name suppression. Although the tenant has not been substantially successful, having considered their personal circumstances, I am satisfied that it is appropriate to order suppression of the tenant’s name and the address of the property.

Claims and awards in Tenancy Tribunal application 5396929 — net $4,456.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 October 2025	$25.71	Rent arrears to 29 October 2025
Cleaning	$569.61	Cleaning
Rubbish removal	$4,083.31	Rubbish removal
Net award	$4,456.63
Total payable by Tenant to Landlord	$4,456.63

Order

The order is released earlier today contained an error at paragraph 2. The tenancy commenced 25 October 2018 and not 25 October 2025. The date is amended. No other changes are made.

The Tribunal orders suppression of the tenant’s name and identifying details.
[Tenant] must pay Kāinga Ora–Homes and Communities $4,456.63 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $222.00 (BN-10056166) to Kāinga Ora– Homes and Communities immediately.

All other claims are dismissed.

Reasons

Mr Campbell appeared for the landlord. The tenant appeared. Both appeared by video.
The tenancy commenced on 25 October 2018 and was periodic. The tenant gave notice, and the tenancy ended 29 October 2025. On 25 November 2025, the landlord filed an application for rent arrears, compensation for cleaning, rubbish removal, and damage.
The application was scheduled for hearing on 20 March 2026. The tenant did not appear, and the matter proceeded in their absence. The tenant subsequently applied for and was granted a rehearing. The matter is being considered afresh. Rent
The landlord provided a rent summary showing that, as of 29 October 2025, the tenant owed $25.71 in rent.
At first, the tenant denied owing any rent, saying the tenancy ended on 8 October 2025. The tenant explained that on 8 October 2025, they gave a termination notice asking to end the tenancy immediately because they were being harassed by gangs, and a family member who had lived at the property at the start of the tenancy had gone missing and already moved elsewhere.
The tenant’s notice has been provided. It is filled out and signed by the tenant, dated 8 October 2025. In the notice, the tenant gives 28 days’ notice but backdates it to start from 6 October 2025.
The landlord did not accept the immediate or backdated termination. Instead, the landlord treated the notice as a standard 21-day notice, meaning the tenancy would end on 29 October 2025. Law
Under section 55(2A) of the Act a tenant may terminate a periodic tenancy by giving the landlord 21 days’ notice.
Under section 50(1)(d) of the Act a tenancy agreement, whether periodic or fixed term may end where the tenant surrenders the tenancy, or delivers up vacant possession of the premises, to the landlord with the landlord’s written consent.
There are also provisions in the Act whereby a party can make an application to the Tribunal to end a tenancy. The Act also contains provisions relating to domestic violence, contamination, or habitability that enable a party to bring a tenancy to an end.
A tenant who gives notice, unless otherwise agreed by the parties, is liable for rent until the expiry of the notice period. Analysis and decision.
There is no evidence that the landlord agreed in writing to bring the tenancy to an end under section 50(1)(d).
The tenant gave 21 days’ notice to end the tenancy. The date of that notice was 08 October 2025. The tenancy ended 21 days later on 21 October 2025. The rent arrears claimed are awarded. Cleaning and rubbish removal
The landlord has produced both a pre tenancy and end of tenancy inspection report including photographs of the interior and exterior of the property.
The property is a town house that was new at the commencement of the tenancy and comprises of two bedrooms, bathroom, laundry, and open plan kitchen/ dining room / lounge.
The landlord has provided a signed authority from the tenant, giving the landlord permission to remove and dispose of items left at the property, and accepting responsibility for the associated costs.
The tenant stated the had sought assistance from MSD with cleaning and remove of items, but that MSD had refused. There appears to be unresolved issues between the tenant and MSD, which the tenant accepts is not within the jurisdiction of the Tribunal. The tenant accepted that no cleaning had been completed and that they had authorised the landlord to remove and dispose of items. Law
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, and return all keys. See section 40(1)(e)(ii) -(v) of the Act.
The Act does not require the premises to be provided or 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.
Determining whether the tenant has failed to leave the property reasonably clean and tidy, and remove all rubbish, will involve an objective assessment. Analysis and decision
I have viewed the pre tenancy and end of tenancy inspection reports. I am satisfied that the property has not been left reasonably clean. The amount claimed is proportionate to the work required and is reasonable.
Putting the tenant’s authority to one side, the evidence establishes that the tenant a significant amount of the tenant’s possessions and other household items and rubbish remained at the property on 29 October 2025. The amount claimed to remove and dispose of these items from the interior and exterior of the property is proportionate and reasonable. Damage
The landlord says the lounge carpet was badly stained and dirty, couldn’t be properly cleaned, and had to be replaced.
The landlord provided end-of-tenancy photos and said there was evidence a dog had been kept at the property. The landlord also pointed to a note in the pre- tenancy inspection report saying the bedroom carpets needed deep cleaning, which suggests the carpets were generally in poor condition at the end of the tenancy.
The tenant agrees there was a small stain on the carpet near the ranchslider but disagrees with the rest of the landlord’s claim. The tenant says the photos were taken before their furniture was moved out, so the carpet is hidden by furniture and shadows, making it hard to see any damage. Law
The landlord must prove that damage to the premises occurred during the tenancy and that it is more than fair wear and tear. This requires the Tribunal to make an objective assessment. Analysis and decision
I agree with the tenant. The end-of-tenancy photos are not sufficient to properly compare the carpet’s condition before and after the tenancy. The landlord’s claim is dismissed. Name suppression
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that their name or identifying particulars of that party not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
Although the landlord has been substantially successful, they do not seek name suppression.
Section 95A (4) further provides the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, may order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.
The tenant seeks name suppression. Although the tenant has not been substantially successful, having considered their personal circumstances, I am satisfied that it is appropriate to order suppression of the tenant’s name and the address of the property.

Tenancy Tribunal case 5396929 — Cleanliness

At a glance

Award balance

Tenancy Tribunal case 5396929 — Cleanliness

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions