Tenant Not Liable for Excessive Lawn Reinstatement Costs

OUTCOME: Allowed in Part

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[2026] NZTT 5439748

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted] [NAME]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [RESPONDENT] and [RESPONDENT] to pay [COMPANY] as the agent for [COUNSEL] [NAME] $1,222.29 from the bond, as calculated in the table below:

Description Landlord Tenant Rent arrears to 16 November 2025 $1,194.29 Filing fee reimbursement $28.00 Total award $1,222.29 Bond $1,222.29 $1,477.71

2. The [COMPANY] is to pay the bond of $2,700.00 (number unknown) immediately apportioned as follows:

[RESPONDENT] as the agent for [COUNSEL] [NAME]: $1,222.29

[RESPONDENT] and [NAME] [RESPONDENT]: $1,477.71

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Reasons:

1. Both parties attended the hearing.

2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

3. The tenancy ended on 16 November 2025. The landlord provided rent records that prove the amount owing of $1,194.29 at the end of the tenancy.

4. The tenants did not dispute this claim and the amount ordered is proved.

Did the tenant comply with their obligations at the end of the tenancy?

Background

5. In around September 2022, the tenants requested to install an inground vegetable garden on the basis that they would cover it up and lay grass seed for the next family.

6. This was approved by the owner:

With regards to the vegetable patch, I am happy for them to undertake this at their own cost however it will need to be removed and reseeded when they leave as suggested.

7. When the tenancy ended, the tenants say they removed the garden and reseeded the area. However, on departure the grass seed had not yet grown in and as a result, the photographs provided show the area as a rectangle dirt area.

8. The owner was intending to place the property on the market quickly after the end of the tenancy and so proceeded to put ready lawn down to restore the lawn back to condition it was, prior to the tenants installing the vegetable garden.

9. The landlord now claims the cost associated with the installation of ready lawn of $665.16 (from two invoices of $500.25 and $164.91). They say that as there was no grass growing, the tenant had not complied with their obligations.

10. The tenants argue that they did what was required of them, and that the landlord is now seeking compensation for a better product than what was agreed. It is on this basis that they dispute the amount sought.

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Discussion

11. The tenants say that they reseeded the areas, and there is no clear evidence to show this was not done.

12. The landlord chose to lay ready lawn for immediate effect, but this exceeds the standards required by the agreement. There was nothing in the agreement that required the grass to be growing or have grown in, or for the lawn to be in the same state as it was prior to the vegetable garden installation – the agreement was simply for removal and reseeding.

13. The minor change provisions of the RTA do not override or replace a specific agreement between the parties about alterations and reinstatement, as exists here.

14. Accordingly, I consider that the tenants more likely than not met their obligations under the agreement and the landlord’s claim for the costs of the ready lawn is dismissed.

Other matters

15. As [COMPANY] as the agent for [COUNSEL] [NAME] has succeeded with the claim in respect of rent arrears, I have reimbursed the filing fee.

[NAME]

01 June 2026

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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, 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 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: