Tenant Ordered to Clean Property or Pay $1,700
📌 In brief
The Tenancy Tribunal ordered the tenant to clean and clear the exterior of the rental property or pay $1,700 to the landlord because the property was in a very untidy state, with overgrown lawns and discarded items scattered around.
⚖️ Legal holding
A tenant must maintain the premises, including the exterior, in a reasonably clean and tidy condition under the Residential Tenancies Act 1986.
📖 What the law says
This section states that a tenant must keep the rental property reasonably clean and tidy. It also requires the tenant to leave the premises in a reasonably clean and tidy condition when the tenancy ends, and to remove all rubbish.
This section allows the Tenancy Tribunal to make various orders when dealing with a claim. These orders can include declarations about rights or obligations, or orders for one party to pay money to another.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to clean and clear the exterior of the rental property or pay $1,700 to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to clean and clear the exterior of the rental property or pay $1,700 to the landlord due to failure to maintain the premises in a clean and tidy condition, as required by the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5110708 1
[2025] NZTT 5110708
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 5 pm Tuesday 15 April 2025:
a. Mow the lawns and remove all green waste.
b. Remove all rubbish, junk, furniture, household and building materials from the outside of the premises.
2. As an alternative to compliance with Order 2, the tenant must pay the landlord $1,700.00 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 $1,700.00 (inclusive of GST). These costs may be treated as rent in arrears and enforced accordingly.
Reasons:
1. The landlord attended the hearing.
2. The tenant was telephoned twice but did not answer and so messages were left.
__________________________________________________________________________________ 5110708 2
3. The landlord has provided photographic evidence that the lawns around the property are completely overgrown and unkempt; and that the outside of the premises is littered with discarded items such as furniture, household appliances and rubbish.
4. The landlord has issued a 14-day notice on 16 October 2024 and has tried repeatedly to engage with the tenant to have the outside of the premises returned to a reasonably clean and tidy condition.
5. Under section 40(1)(a)-(e), Residential Tenancies Act 1986 (“RTA”), a tenant has specific obligations in relation to the tenancy premises.
6. 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) RTA.
7. 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. See sections 78(2) and 78(2AA) RTA.
8. 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) RTA.
Has the tenant failed to comply with their obligations? 9. The landlord’s evidence establishes that the tenant has failed to comply with
section 40(1)(c) RTA by failing to keep the premises reasonably clean and reasonably tidy. “Premises” includes any land which are part of the rented property. See the definition in section 2 RTA.
10. The landlord provided an estimate of the costs of slashing and mowing the lawn, and removing all of the items scattered around the outside of the premises of $1,700.00 inclusive of GST which is a fair and reasonable sum given the state of the property and the volume of items which require removal.
__________________________________________________________________________________ 5110708 3
[NAME] 01 April 2025
__________________________________________________________________________________ 5110708 4
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/
__________________________________________________________________________________ 5110708 5
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 provided photographic evidence showing the lawns were overgrown and the outside was littered with items.
- The landlord had issued a 14-day notice and tried to engage with the tenant to clean the premises.
- The tenant failed to keep the premises reasonably clean and tidy, which includes the land as part of the rented property.
- The landlord's estimate of $1,700 for lawn care and rubbish removal was considered fair and reasonable.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was ordered to clean and clear the exterior of the rental property or pay $1,700 to the landlord.
What was the dispute about?
The dispute was about the tenant's failure to maintain the exterior of the rental property in a clean and tidy condition.
How did the court decide, and why?
The court decided that the tenant must clean the property or pay $1,700 because the landlord provided photographic evidence showing the property was in a very untidy state.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically sections 40(1)(c) and 78(1)(e), were applied.
What was the argument that mattered most?
The most important argument was that the tenant had failed to keep the premises reasonably clean and tidy, as required by 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?
Someone in a similar situation should ensure they maintain the exterior of their rental property in a clean and tidy condition to avoid facing similar penalties.
What evidence or documents mattered?
Photographic evidence showing the state of the property was crucial in making the decision.