Landlord wins rent arrears, loses lawn work claim
📌 In brief
The Tenancy Tribunal ruled that the landlord must return the bond and pay rent arrears to the landlord, but dismissed the claim for lawn work compensation as the landlord did not provide sufficient evidence.
⚖️ Legal holding
A tenant must leave the premises reasonably clean and tidy at the end of the tenancy.
📖 What the law says
This section outlines what a tenant must do, including paying rent on time, keeping the property reasonably clean and tidy, and notifying the landlord of any damage or needed repairs. When the tenancy ends, the tenant must move out, remove their belongings and rubbish, and leave the property in a reasonably clean and tidy state.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the landlord to return the bond and awarded the landlord rent arrears, but dismissed the claim for lawn work compensation.
📜 Headnote Official document
The Tenancy Tribunal ordered the landlord to return the bond and awarded the landlord rent arrears, but dismissed the claim for lawn work compensation due to lack of evidence.
📚 Full judgment Official document
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[2025] NZTT 5100269
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] As [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The Bond Centre is to pay the bond of $1,840.00 (3064601-017) to [COMPANY] ([NAME]) - As [COMPANY] immediately.
2. [NAME] must pay [COMPANY] ([NAME]) - As [COMPANY] $1,341.29 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 22 Dec 2024 $3,154.29 Filing fee reimbursement $27.00 Total award $3,181.29 Bond $1,840.00 Total payable by Tenant to Landlord $1,341.29
Reasons:
1. The landlord attended the hearing. A call to the tenant’s last known number went to voicemail.
2. The landlord has applied for rent arrears, compensation for lawn work, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
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Burden and standard of proof
3. The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
4. With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards.
5. That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fraction more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
6. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
7. As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that:
[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.
How much is owed for rent?
8. The tenancy ended on 22 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $3,154.29.
9. The amount ordered is proved.
Did the tenant comply with their obligations at the end of the tenancy?
10. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy. See section 40(1)(e)(iii) of the Residential Tenancies Act 1986.
11. The landlord says the tenant did not leave the premises reasonably tidy in that the lawns were not cut and required edging, mowing and spraying. The landlord sought compensation in the amount of $180.00 (amended from $500 as stated in the application form). The landlord filed an invoice in the amount of $180.00.
12. The landlord did not file any photographic (or other) evidence to show the state of the lawns at the end of the tenancy.
13. The landlord has not provided the necessary evidence to prove their claim.
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14. Accordingly, I dismiss the landlord’s claim for compensation for lawn work.
Should the tenant reimburse the landlord’s application fee?
15. As the landlord has substantially succeeded with the claim the tenant must reimburse the filing fee.
[NAME]
26 March 2025
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord proved the amount of rent arrears with rent records.
- The landlord substantially won the claim, so the tenant must pay back the filing fee.
❌ Tends to be rejected
- The landlord failed to provide enough evidence to prove their claim for compensation for lawn work.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the landlord to return the bond and pay rent arrears, but dismissed the claim for lawn work compensation.
What was the dispute about?
The dispute was about the landlord's claims for rent arrears, lawn work compensation, and the return of the bond.
How did the court decide, and why?
The court decided to award the landlord rent arrears and return the bond, but dismissed the claim for lawn work compensation because the landlord did not provide sufficient evidence.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 40(1)(e)(iii), was applied.
What was the argument that mattered most?
The argument that mattered most was the landlord's failure to provide sufficient evidence to prove the state of the lawns at the end of the tenancy.
Was the decision for or against the person who brought the case?
The decision was partly for and partly against the person who brought the case, as the landlord was awarded rent arrears and the bond return but lost the claim for lawn work compensation.
What does this mean for someone in a similar situation?
For someone in a similar situation, it is important to provide clear evidence to support any claims made to the Tenancy Tribunal.
What evidence or documents mattered?
The evidence that mattered was the rent records and the landlord's invoice for lawn work compensation, but the landlord did not provide photographic evidence to support the claim.