Tenant Must Maintain Lawns or Pay $1100 - Tenancy Tribunal Decision
📌 In brief
The Tenancy Tribunal ordered the tenant to either mow the lawns or pay $1100 to the landlord for the work done. The decision was based on the tenant's failure to maintain the lawns in a tidy condition as required by the Residential Tenancies Act 1s986.
⚖️ Legal holding
A tenant must maintain the premises in a tidy condition, failing which the landlord may charge the tenant for the work done.
📖 What the law says
This section states that a tenant is responsible for keeping the rented property reasonably clean and tidy during their tenancy. It also requires them to leave the premises in a reasonably clean and tidy condition when they move out, and to remove all their belongings and rubbish.
This section outlines the types of orders the Tenancy Tribunal can make when resolving disputes. These orders can include declarations about rights or obligations, orders for a party to give up possession of a property, or orders for a party to pay money.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to either mow the lawns or pay $1100 to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to either maintain the lawns or pay $1100 to the landlord for the work done, based on the failure to maintain the premises in a tidy condition under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5229252
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenant must carry out the following work to the premises, which must be completed by Friday 6 June 2025.
a. Mow the lawns and maintain the lawns.
2. As an alternative to compliance with Order 2, the tenant must pay the landlord $1100.00 immediately.
3. If the tenant fails to comply with either Order 1 or 2 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $1100.00 These costs may be treated as rent in arrears and enforced accordingly.
Reasons:
1. Both parties attended the hearing. The landlord attended the hearing by video and the Tenant by telephone. The Tenant disconnected the phone call during the hearing.
2. The landlord claims that the Tenant has not maintained the lawns.
3. Under section 40(1)(a)-(e), Residential Tenancies Act 1986, a tenant has specific obligations in relation to the tenancy premises.
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4. Where the Tribunal finds the tenant has failed to comply with any of these obligations, where appropriate it may make an order for the landlord to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.
5. If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order. This provision does not apply to any work order, or part of a work order, in relation to smoke alarms. See sections 78(2) and 78(2AA) Residential Tenancies Act 1986.
6. A work order may also authorise the landlord to undertake the work and charge the tenant the costs of doing the work, if the tenant should fail to comply with the work order and alternative monetary order. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be treated as rent in arrears and enforced accordingly. See sections 78(2AAB) and 78(2AAC)(a) Residential Tenancies Act 1986.
Has the tenant failed to comply with their obligations? 7. The Tenant has failed to keep the lawns in a tidy condition. This is listed as a
responsibility at clause 9 of the Tenancy Agreement. Photographs were provided of the overgrown grass throughout the property from inspection reports.
8. Because the overgrown grass is fairly extensive, the Landlord has submitted it would cost approximately $1100.00 to initially cut the lawn. I accept this is the amount given the photographs and the lawn area. If the Tenant does not comply with the work order by Friday 6 June 2025, the Landlord may undertake the work but the costs incurred is limited to $1100.00.
9. The Tenant must not prevent the Landlord’s access to execute the work order should the Tenant fail to comply by 6 June 2025.
A Aiolupotea 30 May 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 tenant failed to keep the lawns tidy, which was a responsibility listed in the tenancy agreement.
- Photographs from inspection reports showed overgrown grass throughout the property.
- The overgrown grass was extensive, and the landlord's estimated cost of $1100 to cut it was accepted.
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 tenant to either mow the lawns or pay $1100 to the landlord for the work done.
What was the dispute about?
The dispute was about the tenant's failure to maintain the lawns in a tidy condition.
How did the court decide, and why?
The court decided that the tenant must either maintain the lawns or pay $1100 to the landlord because the tenant had not kept the lawns in a tidy condition as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically sections 40(1)(a)-(e) and 78(1)(e), were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had not maintained the lawns in a tidy condition as required by the Tenancy Agreement and the Residential Tenancies Act 1986.
Was the decision for or against the person who brought the case?
The decision was for the landlord, who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, they must ensure that they maintain the premises in a tidy condition as required by the Tenancy Agreement and the Residential Tenancies Act 1986.
What evidence or documents mattered?
Photographs of the overgrown grass throughout the property from inspection reports were provided as evidence.