Published tribunal order
Tenancy Tribunal case 5400835 — Cleanliness in Normanby, Dunedin
Decided 27 March 2026 · Published 27 March 2026 · Application 5400835
Landlord favoured
- Cleanliness
- Rent arrears
- Property damage
Order
At the conclusion of the hearing on 27 March 2026, although entitled to name suppression as a wholly successful party, the landlord did not seek it and no orders were made. A copy of the order was sent to the other party, although it has not yet been published. On 30 March 2026, the landlord advised the Tribunal that they had reconsidered and now sought suppression. Accordingly, this order is amended to grant suppression of the landlord’s name and the address of the property. No other changes are made.
- An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details. 2.
Reasons
- The landlord appeared by video. There was no appearance by the tenant.
- The tenancy commenced on 28 September 2024 and ended on 27 October 2025. On 27 November 2025, the landlord filed a claim seeking rent arrears and compensation for cleaning, carpet cleaning, lawn and garden maintenance, rubbish removal, and lock and key replacement. The bond of $1,100.00 has already been released to the landlord, and I take this into account when calculating the total amount payable by the tenant. Rent
- The landlord gave the tenant 90 days’ notice to terminate the tenancy. The tenant vacated the property on 27 October 2025. The landlord has provided a rent summary to the end of the tenancy, which they state records all of the rent payments received. The claim is established, and I award the amount claimed. Cleaning, carpet cleaning, lawn and garden maintenance, rubbish removal, and key replacement.
- The landlord claims that the tenant failed to leave the property reasonably clean and tidy, failed to leave the carpet reasonably clean, failed to remove all rubbish, failed to leave the lawns and gardens in a reasonable condition, and failed to return the keys.
- The property was built in the 1960s and comprises three bedrooms, kitchen, dining / lounge area, bathroom, separate toilet, laundry, and garage.
- The landlord has produced photographs of the property taken at the end of the tenancy.
- The landlord has also produced invoices for each claim made.
- The landlord states that no cleaning was completed by the tenant at the end of the tenancy, that a considerable amount of household rubbish was left, that the lawns and gardens had been unkempt for some time, and that the keys provided to the tenant were not returned.
- During the tenancy, the tenant asked the landlord whether a family member could bring a dog when visiting. The landlord agreed on the condition that the dog remained outside and that any faeces would be removed. The landlord stated that the tenant failed to remove the faeces and that, at the end of the tenancy, there was clear evidence the dog had been allowed inside.
- The landlord claims there was staining to the carpet and a pungent odour present. The landlord stated that the carpet was one year old at the start of the tenancy and in good condition. The landlord further stated that the carpet required a specialised odour treatment and multiple stain removal treatments to return it to a reasonable condition for incoming occupants. 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 Residential Tenancies Act 1986 (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
- The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish that it is more likely than not that the tenant has breached the terms of the agreement or provisions of the Act.
- It is evident from the end of tenancy photographs that no cleaning has been completed. The photographs show rubbish, food waste, and household items including furniture and clothing left both inside and outside of the property. The lawns are overgrown and the gardens heavily weeded. The carpet shows visible staining, and I accept the landlord’s evidence regarding the odour. I also accept that the tenant did not return the keys.
- I am satisfied, to the required standard, that the tenant has failed to leave the property reasonably clean and tidy, failed to leave the carpet reasonably clean, failed to remove all rubbish, failed to leave the lawns and gardens in a reasonable condition, and failed to return the keys. The amounts claimed are reasonable in the circumstances and are awarded in full. Costs
- The landlord has been wholly successful, and I order reimbursement of the filing fee. Name Suppression
- The Tribunal orders suppression of the landlord’s name and the address of the property.