Tenant Ordered to Mow Lawns or Pay $2,800
📌 In brief
The Tenancy Tribunal ordered a tenant to mow the lawns or pay $2,800 to the landlord. The Tribunal found that the lawns were overgrown and the tenant was in breach of their obligation to keep the premises reasonably tidy under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant must keep the premises reasonably tidy under the Residential Tenancies Act 1986.
📖 Technical summary
The Tribunal ordered the tenant to mow the lawns or pay the landlord $2,800.00.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to mow the lawns so that they are reasonably tidy or pay the landlord $2,800.00 immediately. The Tribunal found that the tenant breached their obligation to keep the premises reasonably tidy under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5142813
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. The tenant must mow the lawns so that they are reasonably tidy. The work must be completed by Friday 2 May 2025.
2. As an alternative to compliance with Order 1, the tenant must pay the landlord $2,800.00 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 reasonable costs of this work up to $3,000.00. These costs may be treated as rent in arrears and enforced accordingly.
Reasons:
1. Both parties attended the hearing on 17 April 2025. The tenant was given until 24 April 2025 to provide the documentation she indicated she wished to file at the hearing. No documents were received.
2. The landlord has applied for a work order requiring the tenant to tidy the gardens. A notice to remedy was issued on 29 November 2024.
3. The tenancy agreement does not explicitly provide that it is the tenant’s obligation to mow the lawns and maintain the gardens. However, there is a general obligation on tenants under the Residential Tenancies Act 1986 (the
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Act) to keep the premises reasonably tidy. “Premises” includes any part of the premises including land.
4. The landlord’s photographs, taken in January 2025, show very overgrown lawns at the front and rear of the premises. The landlord said the lawns were previously overgrown in February 2024 and the landlord on-charged this cost to the tenant.
5. The tenant said the main sewer line runs through the back garden and overflows every winter. She mentioned that the landlord had excavated part of the lawn to fix the pipes. The tenant said the landlord had not maintained the lawns property when she moved in, and as a result there were fast-growing weeds. The tenant said there was a Healthy Homes Assessment report from December 2024 that she wanted to provide.
6. Without further information, it is not possible to understand how the sewer line relates to the overgrown condition of the lawns. The photographs do not show that the lawns are only overgrown in certain areas. I find that the tenant is in breach of her obligations under the Act by not keeping the lawns reasonably tidy.
7. The Tribunal may make an order for the tenant to carry out the work. Where, as here, 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. 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 fails 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.
8. The landlord provided a quote indicating that cutting the lawns will cost between $2,600.00 to $3,000.00 based on the photographs. Taking the mid-point of this estimate, the tenant may pay the landlord $2,800.00 instead of complying with the work order. If the tenant fails to comply with the work order and alternative monetary order, the landlord is authorised to do the work and charge the tenant the cost up to $3,000.00.
[NAME]
28 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 lawns reasonably tidy under the Residential Tenancies Act 1986.
- The landlord provided photographic evidence showing the lawns were overgrown.
- The Tribunal found the tenant in breach of their obligation to maintain the premises tidy.
❌ Tends to be rejected
- The tenant claimed the overgrowth was due to a sewer line issue, but this was not substantiated.
- The tenant wanted to submit a Healthy Homes Assessment report but did not provide it.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must mow the lawns or pay the landlord $2,800.00 immediately.
What was the dispute about?
The dispute was about the state of the lawns which were considered untidy by the landlord.
How did the court decide, and why?
The court decided that the tenant must mow the lawns or pay the landlord $2,800.00 because the lawns were overgrown and the tenant was in breach of their obligation to keep the premises reasonably tidy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was that the lawns were overgrown and the tenant was in breach of their obligation to keep 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 that the premises are kept reasonably tidy to avoid facing similar penalties.
What evidence or documents mattered?
Photographs showing the overgrown lawns and the tenant's failure to provide requested documentation mattered.