Tenancy Tribunal Rules Tenant Must Keep Property Clean and Register Pets

OUTCOME: Allowed

__________________________________________________________________________________ 5498429 1

[2026] NZTT 5498429

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. The Tribunal declares the tenant is currently in breach of their obligations under the Residential Tenancies Act 1986 in the following ways:

a. The premises are not being kept reasonably clean and tidy; and

b. The tenant is keeping a dog at the premises which is not microchipped or registered.

2. Failure by the tenant to remedy these breaches is likely to result in the Tribunal ending the tenancy.

Reasons:

1. The landlord attended the hearing on 9 June 2026. The tenant did not attend.

2. The landlord seeks a declaration from the Tribunal confirming that the tenant is currently in breach of their obligations under the Residential Tenancies Act 1986 (RTA) in the following ways:

a. By not keeping the premises reasonably clean and tidy; and

b. By keeping a dog at the premises that is not microchipped or registered.

__________________________________________________________________________________ 5498429 2

3. At this stage, the landlord does not seek termination of the tenancy however, they advised that if the tenant does not remedy these breaches reasonably quickly, they are likely to file a new application seeking termination of the tenancy.

Is the tenant in breach of their obligations by not keeping the premises reasonably clean and tidy?

The law

4. Section 40(1)(c) of the RTA requires the tenant to keep the premises reasonably clean and tidy.

5. “Reasonably” clean means clean to the standard an average, reasonable bystander would consider reasonable.1 It does not mean commercially clean,2 spotless3 or to a hotel or motel standard.4 The better the premises and the higher the rent payable, the higher the standard expected.5

Analysis

6. The landlord submitted photographs of the premises taken on 29 May 2026, which prove the tenant is not keeping the premises reasonably clean and tidy. The outside of the premises has a lot of rubbish, personal belongings, furniture, appliances and other miscellaneous household items scattered throughout. The rubbish bins are full and there is at least one black rubbish bag beside the bins. The lawns are also overgrown.

7. The landlord has sent the tenant two 14-day notices on 27 May 2025 and 23 December 2025. Despite these notices, the tenant has not remedied the breach and returned the premises to a reasonably clean and tidy standard.

8. The tenant should beware that continued failure to return the premises to a reasonably clean and tidy standard is likely to result in termination of the tenancy. The tenant should clean the premises, dispose of all rubbish and excess personal belongings, and mow the lawns as a matter of urgency.

1 Housing New Zealand v Holloway NZTT Auckland TT215/93, 8 February 1993 at [8]. 2 [NAME] v [COMPANY] TT215/93, 8 February 1993 at [8]. 3 Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 4 Richards v Scully NZTT Christchurch TT858/97, 8 May 1997 at [3]; Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 5 Westwood v Western [1994] DCR 759 at [770].

__________________________________________________________________________________ 5498429 3

Is the tenant in breach of their obligations by keeping a dog at the premises which is not microchipped or registered?

The law

9. Section 42C RTA states that a tenant may keep a pet on the premises in the following circumstances:

a. If the tenancy agreement provides that the tenant may keep the pet, or the landlord gives written consent to the tenant keeping the pet; and

b. In accordance with any reasonable conditions set out in the tenancy agreement or attached to the consent.

Analysis

10. The tenant has a dog at the premises. They have made a written request to the landlord to keep the dog at the premises. The landlord has responded in writing to the tenant, advising that they are happy for the tenant to keep a dog at the premises, provided the dog is micro-chipped and registered. The tenant has not micro-chipped or registered the dog.

11. The tenant has not complied with the reasonable conditions attached to the landlord’s consent. This means that they are currently in breach of their obligations under section 42C(1)(b) RTA.

12. The landlord has sent the tenant a 14-day notice on 5 March 2026, requiring the tenant to microchip and register the dog. Despite this notice, the tenant has not microchipped and registered the dog.

13. The tenant should beware that failure to microchip and register the dog is likely to result in termination of the tenancy. The tenant should microchip and register the dog as a matter of urgency.

Filing fee

14. The landlord did not seek reimbursement of the filing fee. Therefore, I do not order the tenant to pay this cost.

L [APPELLANT]

09 June 2026

__________________________________________________________________________________ 5498429 4

__________________________________________________________________________________ 5498429 5

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, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is 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 [NAME] 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/

__________________________________________________________________________________ 5498429 6

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: