Tenant Ordered to Maintain Premises Clean and Tidy
📌 In brief
The Tenancy Tribunal ordered the tenant to either mow overgrown lawns or pay the landlord $360.41 for the work. The decision was based on the tenant's obligation to maintain the exterior of the premises reasonably clean and tidy under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant must maintain the exterior of the premises reasonably clean and tidy.
📖 What the law says
This section states that a tenant must keep the rented premises reasonably clean and tidy. It also covers other tenant responsibilities like paying rent, using the premises for residential purposes, and notifying the landlord of damage or needed repairs.
This section allows the Tenancy Tribunal to make various orders when dealing with claims, such as declaring rights or obligations, ordering possession of premises, or ordering 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 overgrown lawns or pay the landlord $360.41.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to either mow overgrown lawns or pay the landlord $360.41 for the work. The decision was based on the tenant's obligation to maintain the exterior of the premises reasonably clean and tidy under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5206056
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 Thursday 10 April 2025:
a. Slash and mow overgrown lawns and tidy exterior of premises
2. As an alternative to compliance with Order 1, the tenant must pay the landlord $360.41 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 $400.00. These costs may be treated as rent in arrears and enforced accordingly.
Reasons:
1. Only the landlord attended the hearing which took place by teleconference. The tenant was called on the number provided ending in 0720 and the calls went to voicemail. The file records that notice of the hearing has been sent to the tenant so the hearing proceeded in the tenant’s absence.
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2. The landlord claims that the tenant has breached their obligations by failing to mow the lawns and wants the problem fixed.
3. Under section 40(1)(a)-(e), Residential Tenancies Act 1986, a tenant has specific obligations in relation to the tenancy premises. Under section 40(1)(c) the tenant must keep the premises reasonably clean and tidy.
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 landlord claims that the tenant has failed to keep the exterior of the premises reasonably tidy as the lawns are overgrown to such an extent that it is impacting the neighbours. The landlord has provided photographs of the premises and a quote to remedy this.
8. The landlord has provided a copy of a notice to remedy sent to the tenant in February 2025 and advised that this has not been remedied.
9. I am satisfied on the evidence presented that the tenant has breached their obligation to keep the exterior of the premises reasonably tidy.
10. The landlord has provided a quote to slash and clip the lawn in the sum of $360.51. The landlord wishes to give one final opportunity to the tenant to remedy the issue.
11. A work order is made ordering the tenant to slash and mow the overgrown lawns and tidy the exterior of the premises by Thursday 10 April 2025 or alternatively pay the landlord the amount in the quote.
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12. If the tenant fails to comply with the work order, then the landlord may undertake the work and charge the tenant the costs of this work up to $400.00.
[NAME]
03 April 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 must keep the exterior of the premises reasonably clean and tidy.
- The landlord provided evidence showing the lawns were overgrown and impacting neighbors.
- The landlord gave the tenant a final opportunity to remedy the issue before the hearing.
- The landlord provided a quote for the necessary work to remedy the overgrown lawns.
❌ Tends to be rejected
- The tenant did not attend the hearing and provide their side of the story.
- There was no evidence submitted by the tenant to dispute the landlord's claims.
- The tenant did not respond to the notice to remedy the condition of the lawns.
- The tenant failed to address the breach of obligation to maintain the exterior of the premises.
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 overgrown lawns or pay the landlord $360.41 for the work.
What was the dispute about?
The dispute was about the tenant's failure to maintain the exterior of the premises reasonably clean and tidy.
How did the court decide, and why?
The court decided that the tenant must either mow the overgrown lawns or pay the landlord $360.41 because the tenant had breached their obligation to maintain the premises reasonably clean and tidy.
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 argument that mattered most was that the tenant had breached their obligation to maintain the exterior of the premises reasonably clean and tidy.
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 premises reasonably clean and tidy to avoid facing similar penalties.
What evidence or documents mattered?
Photographs of the premises and a notice to remedy sent to the tenant were the key pieces of evidence.