Recovering from tenant’s waste and damage: A case review

What happens when tenants move out and leave you a trail of rubbish, waste and damage? A recent Tenancy Tribunal case highlights what happens with end-of-tenancy obligations involving unpaid charges, unreturned keys, and a property left uncleaned. This article breaks down the dispute and discusses what both sides should learn from rubbish removal and damage claims.

An overview of the case

This case centred on a dispute about unpaid Wi-Fi fees, missing chattels, rubbish left behind, and cleaning responsibilities at the end of the tenancy. The landlord claimed compensation for the following: cleaning & disposal, lock and shower slide replacement, damaged items, and filing fees. In the end, a ruling was determined in favour of the landlord and ordered payment of outstanding costs plus release of the bond.

The key insight is that tenants remain responsible for items they remove, rubbish they leave, and cleanliness, especially when the tenancy ends. Otherwise, financial consequences can arise.

Read the full decision here (PDF link).

Why this case matters

This ruling shows that failing to meet basic end-of-tenancy obligations can become expensive for tenants and give a negative impression to current tenancy relationships, as well as to future ones. It also confirms that landlords have the right to recover reasonable costs when they have to deal with belongings and damages left behind.

Finally, as the tenant missed attendance and accompanying reminders for the Tribunal order, emphasis is seen in how avoiding communication only increases the final bill and complicates resolution.

Understanding the main issue

The case highlights the broad scope of end-of-tenancy obligations, including rubbish removal and damage claims, and how easily tenants can breach them. 

Understanding end-of-tenancy cleaning and rubbish removal

In cases of tenancy, rubbish removal is one of a tenant’s legal responsibilities for managing and disposing of waste and debris from a rental property. This forms part of end-of-tenancy cleaning which mandates a comprehensive cleaning of the entire property before moving out as a way of bringing it back to a pristine condition. Under the Residential Tenancies Act 1986, tenants must leave a property in its “reasonably clean and tidy” state.

What “reasonably clean and tidy” means

Tribunal cases often rely on photo evidence to determine if a property was left reasonably clean. In this case, the photos showed that no cleaning was done, and large amounts of belongings were left behind.

A property does not need to be professionally cleaned unless required by the agreement, but it must not be left dirty or cluttered. Tribunal guidance on end-of-tenancy cleaning shows how evidence is assessed when cleanliness standards are disputed.

Responsibility for rubbish and abandoned belongings

The tenants left 280 kg of rubbish and a garage full of belongings, forcing the landlord to dispose of the waste and store the rest. Under the end of tenancy obligations, tenants must remove all rubbish unless otherwise agreed. Leaving belongings allows the landlord to seek reasonable removal costs.

Missing chattels and replacement costs

Items such as smoke alarms and a shower slide were removed from the property. When chattels are missing, the tenant typically pays the replacement cost. Labour claims are more likely to be accepted when supported by third-party invoices, and in this case, the landlord only claimed item costs.

Returning keys and access devices

The tenants also did not return the keys, which, in turn, required lock replacement. Failing to return keys is a common breach and is considered part of end of tenancy obligations. Landlords may recover the cost of new locks or rekeying.

Damage versus fair wear and tear

A burnt benchtop section was established in evidence, and the Tribunal considered the damage careless, not normal wear. Tenants are liable for careless or intentional damage, especially when the repair cost is below the insurance excess.

How tenants should handle rubbish removal and damage

Tenants can avoid costly rulings by understanding their responsibilities, such as:  

Scheduling cleaning days ahead of the moving date to avoid rushed work

Tenants should complete cleaning before the final day of the tenancy rather than leaving it to the last minute. Rushed cleaning often results in overlooked areas, and not cleaning at all means failing to accomplish your end-of-tenancy requirements.

Returning keys promptly

All keys, access cards, and remote controls must be returned to the landlord as soon as the tenancy ends. Failure to do so may require lock or item replacement for security reasons, with the cost reclaimed by the landlord. Prompt key return also formalises the end of the occupation and responsibility for the premises.

Checking all chattels are back in place

Tenants are responsible for ensuring that all chattels provided at the start are returned to their original locations at the end. Missing or damaged chattels may result in compensation claims, as landlords are entitled to the property in the same condition, with allowance for fair wear and tear.

Removing all personal rubbish 

Any rubbish or unwanted items left behind after vacating the property remain the tenant’s responsibility. This includes items left inside the property, in storage areas, or outside or near the premises.

How property managers should handle unmet end-of-tenancy obligations

Determining the proper practical steps is a must for property managers in order to fully protect both parties and ensure smooth transitions. Consider the following:

Use a clear end-of-tenancy checklist

Provide tenants with a written checklist that includes cleaning expectations, rubbish removal, key return, and chattel checks. This prevents “I didn’t know” disputes and sets measurable expectations.

Document the condition before and after

Take photos and videos during entry and exit inspections. Visual documentation is one of the strongest pieces of evidence when a dispute arises.

Communicate deadlines and follow up in writing

Send reminders about final rent, utility contributions, and cleaning responsibilities. Written follow-ups help show the Tribunal that reasonable attempts were made to communicate.

Keep invoices and receipts ready

Every cost must be backed by actual receipts or credible quotes. Property managers should store these records digitally to streamline future claims. Recent Tribunal bond awards show how documentation quality directly affects what costs can be recovered.

Know when to escalate

If tenants stop responding after exhausting all efforts for correspondence and the tenant-landlord level of resolution, consider raising the matter further. Apply for orders before rubbish builds up or damage affects the next tenancy.

Common mistakes that lead to disputes

Many disputes arise, especially when tenants begin to overlook core end-of-tenancy obligations. Below are the most common errors.

Leaving the property without cleaning

Some tenants assume the landlord will clean after them, but this is not the case. Basic cleaning, such as wiping surfaces, vacuuming, and clearing mould, must be done before handing the home back. When skipped to a severe extent, the landlord can charge for professional-level cleaning. 

Failing to return all keys

Unreturned keys create a security risk for the landlord and the next occupants. Because the landlord cannot know who may still have access, locks often need to be replaced entirely. Any cost for new locks or cutting new keys is usually passed to the tenant.

Removing chattels or altering fixtures to liking

Removing smoke alarms, shelves, shower fittings, or curtains breaches end of tenancy obligations. Tenants may think they can reinstall or replace later, but missing items at handover count as removed. The Tribunal typically awards the replacement cost to the landlord. Clear examples of chattels help explain which items must remain in the property at handover.

Ignoring messages from the landlord

Failure to reply to emails or calls often leads to rushed decisions and higher fees. Communication helps settle cleaning arrangements, pickup of belongings, and payment of any final charges. Lack of response usually results in a larger, evidence-backed claim.

Key points to remember about rubbish removal and damage claims

End of tenancy obligations matter because they protect the next occupants, reduce turnover disputes, and prevent costly Tribunal orders for both sides. All parties must remember to:

• Keep up with cleaning responsibilities

• Return every key and ensure access is given back

• Communicate before, during, and after tenancy

If you want expert help with preventing issues like this, Staircase can guide you through best practices, documentation, and compliance. 

Book a session with Staircase