Tenant Ordered to Clean Premises or Face Termination
📌 In brief
The Tenancy Tribunal ordered tenants to clean and declutter their home by a specific deadline. If they fail to do so, they will lose their tenancy. This decision was based on the tenants' repeated failure to comply with previous notices and orders.
⚖️ Legal holding
A tenant must comply with a notice to clean and maintain the premises or risk termination of the tenancy.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if one party breaks the tenancy agreement or the Act. This can happen if the party who complained gave notice of the problem and a reasonable time (at least 10 working days) to fix it, but the other party failed to do so.
This rule outlines the types of orders the Tenancy Tribunal can make. These include declaring rights or obligations, ordering a party to give possession of premises to another, or ordering a party to pay money.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenants to clean and declutter the premises by a specified deadline or face termination of their tenancy.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenants to clean and declutter the premises by midday on 30 May 2025. Failure to comply would result in termination of the tenancy. The order was based on the tenants' repeated failure to comply with previous notices and orders.
📚 Full judgment Official document
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[2025] NZTT 5231611
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENTS: [redacted]
Tenants
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenants must carry out the following work to the premises, which must be completed by midday on Friday 30 May 2025:
a. Remove and dispose of all inorganic material from the exterior of the premises. This includes wood, rubbish, plastic and any other miscellaneous inorganic material;
b. Cut the lawn, clear vegetation and tidy up the section;
c. Clean the kitchen area and remove all rubbish;
d. Mop and clean floors, clean stove;
e. Remove rubbish from and clean the lounge area;
f. Clean the walls in bedroom one and two;
g. Clear hallway;
h. Restore the laundry to a usable condition; and
i. Sort and dispose of all unwanted items stored inside of the various room in the house (declutter).
2. The landlord may undertake an inspection after midday on 30 May 2025 to determine whether the tenant has complied with Order 1 (a) to (i).
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3. If the tenants fail to comply with all of the tasks set out in Order 1 (a) to (i) above, then at 5pm on 30 May 2025 the tenancy will terminate and immediate possession will be granted to [COMPANY].
Reasons:
1. The landlord attended the hearing. The tenants did not.
2. A Hindi interpreter was present at the hearing to assist if the tenants did attend the hearing.
3. The landlord has applied for conditional termination of the tenancy.
Should a conditional termination order be made?
4. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
5. The tenants have breached their section 40(1)(a)-(e), Residential Tenancies Act 1986 obligations by:
a. Failing to comply with a 14-day notice issued by the landlord on 17 September 2024 requiring them to undertake the work orders set out on Order 1 above by 7 October 2024; and
b. Failing to comply with the Tribunal’s work orders as set out in the 15 January 2025 Order made under application 5007128 to:
i. Remove all inorganic material from the exterior of the premises;
ii. Cut the lawn and tidy up the section;
iii. Clean the kitchen area and remove all rubbish;
iv. Mop and clean floors, clean stove;
v. Remove rubbish from and clean the lounge area; and
vi. Clean the walls in bedroom one and two.
6. I am satisfied that the landlord has tried to work with the tenants to get them to understand why the premise needs to be cleaned, tidied and decluttered as the amount of clutter and lack of cleanliness is creating a health and safety risk as potential fire risk. It would be inequitable to refuse to terminate the tenancy.
7. Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the landlord wants to give the
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tenants a further two weeks to carry out the tasks set out in Order 1 above so as to preserve their tenancy. The landlord does not consider it appropriate to carry out the tasks set out in Order 1 above and add the cost of doing so to the tenants rent. I agree that the tenants must be free to make a choice between decluttering, cleaning and restoring the laundry to a useable condition or find new accommodation by 5pm on 30 May 2025. I have granted a conditional termination order to enable the tenants time to make that choice. See section 78(3) Residential Tenancies Act 1986.
8. The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
M Pollak
16 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 landlord tried to work with the tenants to understand the need for cleaning and decluttering.
- The premises were cluttered and lacked cleanliness, posing a health and safety risk.
- The tenants failed to comply with multiple notices and previous tribunal orders.
- The landlord provided a Hindi interpreter to ensure language barriers did not prevent the tenants from understanding the proceedings.
❌ Tends to be rejected
- The tenants did not attend the hearing to provide their side of the story.
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 tenants to clean and declutter the premises by a specific deadline or face termination of their tenancy.
What was the dispute about?
The dispute was about the tenants failing to clean and maintain the premises despite multiple notices and orders.
How did the court decide, and why?
The court decided to order the tenants to clean and declutter the premises by a specific deadline or face termination. The reasoning was that the tenants had repeatedly failed to comply with previous notices and orders.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 56(1) and 78(3) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenants had repeatedly failed to comply with previous notices and orders, creating a health and safety risk.
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?
Someone in a similar situation should ensure they comply with any notices and orders to avoid termination of their tenancy.
What evidence or documents mattered?
The evidence included previous notices and orders, as well as the state of the premises.