Tenant Ordered to Maintain Lawns or Pay $2,000
📌 In brief
The Tenancy Tribunal ordered the tenant to either mow the lawns or pay $2,000 to the landlord for failing to maintain the premises reasonably tidy, as per the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant must maintain the lawns of the premises reasonably tidy according to the Residential Tenancies Act 1986.
📖 What the law says
This section states that a tenant is responsible for keeping the rented premises reasonably clean and reasonably tidy. It also outlines other responsibilities like paying rent, using the premises for residential purposes, and notifying the landlord of damage or needed repairs.
This section gives the Tenancy Tribunal the power to make various orders when resolving disputes, such as declaring rights or obligations, ordering possession of premises, or ordering 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 either mow the lawns or pay $2,000 to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to either mow the lawns of the premises or pay $2,000 to the landlord for failing to maintain the premises reasonably tidy, as per the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 4981329
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. The tenant must carry out the following work to the premises, which must be completed by 4pm on Friday, 14 March 2025: the lawns of the premises must be slashed / mowed so that the lawns are reasonably tidy.
2. As an alternative to compliance with Order 1, the tenant must pay the landlord $2,000.00 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 $2,000.00 (inclusive of GST). These costs may be treated as rent in arrears and enforced accordingly.
Reasons:
1. [NAME] attended the hearing for the landlord via video conference. The tenant did not attend hearing. The Tribunal telephoned the tenant several times. However, the calls were unanswered. The tenant has not communicated with the Tribunal regarding why she would not attend the hearing. The hearing proceeded in her absence.
2. The landlord claims that the tenant is in breach of the tenancy agreement and the Residential Tenancies Act 1986 (RTA) by failing to keep the lawns reasonably tidy. The landlord wants the problem fixed.
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3. The tenant is obliged to keep the lawns tidy. Sections 40(1)(a)-(e) of the RTA provides that tenants have specific obligations in relation to the tenancy premises including that the tenant must “keep the premises reasonably clean and tidy”.1 “Premises” includes land.2
4. In addition, clause 16 of the tenancy agreement provides “[a]s a Kainga Ora tenant, you are required to “… keep your home and grounds tidy”.
5. Section 78(1)(e) of the RTA provides that where the Tribunal finds the tenant has failed to comply with their obligations under the tenancy agreement or the RTA and it is appropriate to do so, it may make an order for the tenant to carry out the work.
6. 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) of the RTA.)
7. 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) of the RTA.)
8. The landlord has provided photographic evidence taken on 21 February 2025 which shows the lawns are significantly overgrown and unkept.
9. I find that the tenant has breached clause 16 of the tenancy agreement and subsection 40(1)(c) of the RTA by failing to keep the grounds reasonably clean and tidy and make the work orders set out above.
K Henry
27 February 2025
1 See section 40(1)(c) of the RTA. 2 See the definition of “premises” in section 2 of the RTA.
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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 is required to keep the lawns reasonably tidy according to the Residential Tenancies Act 1986.
- Clause 16 of the tenancy agreement requires the tenant to keep their home and grounds tidy.
- Photographic evidence showed the lawns were significantly overgrown and unkept.
❌ Tends to be rejected
- The tenant did not attend the hearing and did not provide any explanation for the state of the lawns.
- There was no communication from the tenant to the Tribunal regarding the condition of the lawns or the hearing.
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 either mow the lawns or pay $2,000 to the landlord.
What was the dispute about?
The dispute was about the tenant's failure to maintain the lawns of the premises reasonably tidy.
How did the court decide, and why?
The court decided that the tenant must either mow the lawns or pay $2,000 to the landlord because the tenant failed to maintain the premises reasonably tidy as required by the Residential Tenancies Act 1986.
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 a legal obligation to maintain the premises reasonably tidy.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they maintain the premises reasonably tidy to avoid facing similar penalties.
What evidence or documents mattered?
Photographic evidence showing the lawns were significantly overgrown and unkept was presented.