Tenant Ordered to Pay $200 for Garden Maintenance
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $200 from the bond for garden maintenance but dismissed the claim for carpet cleaning. The Tribunal found that the garden was not left in a reasonably clean and tidy condition due to the presence of weeds, while the smelly carpet was deemed a pre-existing condition.
⚖️ Legal holding
A tenant is required to leave the premises reasonably clean and tidy, including the lawns and garden, but not necessarily in the same condition as at the start of the tenancy.
📖 What the law says
This section states that a tenant must keep the premises reasonably clean and tidy during the tenancy. When the tenancy ends, the tenant must leave the premises in a reasonably clean and tidy condition and remove all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay $200 from the bond for garden maintenance but dismissed the claim for carpet cleaning.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $200 from the bond for garden maintenance but dismissed the claim for carpet cleaning. The Tribunal assessed the garden's cleanliness objectively and found that the garden was not left in a reasonably clean and tidy condition due to the presence of weeds. However, the claim for carpet cleaning was dismissed as the Tribunal found the smelly carpet to be a pre-existing condition.
📚 Full judgment Official document
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[2025] NZTT 5017448, 5053691
5161453
TENANCY TRIBUNAL - Auckland | Tāmaki Makaurau
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] to pay [COMPANY] As Agent For [NAME] $200.00 from the bond, calculated as shown in table below.
Description Landlord Tenant Lawns and Garden work $200.00 Total award $200.00 Bond $200.00 $518.75
2. The Bond Centre is to pay the bond of $718.75 (5958502-006) immediately apportioned as follows:
[COMPANY] As Agent For [NAME]: $200.00
[NAME]: $518.75
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Reasons:
1. Both parties attended the hearing.
2. The landlord claims the tenant did not leave the premises reasonably clean and tidy. The landlord seeks compensation and a refund of the bond.
3. As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.
Did the tenant comply with their obligations at the end of the tenancy?
4. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
5. The landlord claims the tenant did not leave the premises reasonably clean and tidy for the following reasons:
a. The garden was overgrown and not weeded; and
b. The carpet in one of the bedrooms smelt.
6. I deal with each issue in turn below.
Garden
7. The landlord submitted photographs of the garden taken at the beginning of the tenancy on 11 March 2021. These photographs show the garden in a very clean and tidy condition. There are no weeds, the hedges are trimmed and there is very little foliage on the ground.
8. The landlord submitted photographs of the garden taken at the end of the tenancy. These photographs show the presence of some weeds, particularly around the paving and river stones of various garden paths. There is also some foliage on the ground, and the garden appears fuller and more grown in general.
9. The landlord submitted an invoice from [NAME] for $718.75 and seeks compensation for this amount.
10. The tenant gave evidence that they always maintained the hedges and garden area by the stairs. The tenant claims that the state of the garden was never raised as an issue by the landlord during routine inspections. This tenancy was approximately two and a half years long.
11. The tenant gave evidence that as a result of severe weather events experienced in Auckland in early 2023, a tree fell onto the house near one of the garden paths. The tenant claims this made completing garden maintenance
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in that particular area a safety hazard. The tenant claims that it took some weeks for the tree to be removed and that weeds built up during this time. The tenant does not believe they should be responsible for weeding this area of the garden.
12. The tenant gave further evidence that the that the contractors who removed the tree left a lot of woodchips and debris in the garden. The tenant also claims that as a result of the severe weather events in early 2023, branches fell and there was a general disbursement of debris around the garden.
13. The landlord accepts that the state of the garden was never raised as an issue with the tenant during inspections. The landlord could not provide an answer as to why this was but claims that nonetheless, the garden was not left in the same state at the end of the tenancy as it was at the beginning.
14. A tenant is required to leave the premises in a reasonably clean and tidy condition. This includes the lawns and garden. The Tribunal assesses claims for cleaning and garden maintenance on an objective basis, not on the subjective views of either party. A tenant is not required to leave the premises in the same condition they were in at the beginning of the tenancy, only in a reasonably clean and tidy condition.
15. Based on the photographs submitted by the landlord, I find that some parts of the garden were not left in a reasonably clean and tidy condition. In particular, there is an accumulation of weeds around the paving and river stones of the garden paths. The landlord has proven their claim in relation to this part of the garden only, not in relation to the garden as a whole.
16. I have considered the tenant’s submission that they should not be responsible for clearing the weeds in the area of the garden where the tree fell however, I do not agree. The tree was removed some time in early 2023 and this tenancy ended on 2 September 2023, which is quite some time later. The weeds shown around the paving and river stones at the end of the tenancy would have built up over this period of time, not just the time during which the tree fell. In all of the circumstances, I consider it is reasonable to expect that the tenant should have attended to weeding this part of the garden at the end of the tenancy.
17. The tenant is not responsible for compensating the landlord the entire cost of the invoice for $718.75, only a portion that fairly reflects the work completed to remove the weeds around the paving and river stones. I consider $200.00 to be a reasonable amount to reflect this work.
18. The landlord’s claim for compensation for garden maintenance is granted for $200.00.
19. The amount ordered is proved.
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Carpet cleaning
20. The landlord claims that the carpet in one of the bedrooms smelt like urine at the end of the tenancy and needed to be professionally cleaned.
21. The landlord submitted an invoice for $165.00.
22. The tenant gave evidence that the carpet in the bedroom smelt odd at the beginning of the tenancy. The tenant submitted an email sent to the landlord complaining about the smell of the carpet on 3 March 2021. The tenant claims the carpet was shampooed, and the smell mostly went away.
23. The tenant gave evidence that they did not keep any pets.
24. The tenant claims the smelly carpet is a pre-existing condition.
25. The landlord points to the fact that the carpet smell was not noted during any inspections, only at the end of the tenancy. Therefore, the landlord claims the tenant must have caused it.
26. On the balance of probabilities, I am not convinced that the tenant is responsible for the smelly carpet. The issue was raised by the tenant with the landlord at the beginning of the tenancy. The landlord did not submit any evidence of the tenant keeping a pet or doing anything else that might cause the carpet to smell. I accept the tenant’s submission that they most likely became accustomed to the smell over time and did not raise it again after the carpet was shampooed at the beginning of the tenancy.
27. On the balance of probabilities, I am persuaded that the smelly carpet was most likely a pre-existing condition and not something the tenant should reasonably be expected to pay for.
28. The landlord’s claim for compensation for carpet cleaning is dismissed.
Filing fee
29. The landlord has not been wholly or substantially successful in their claim and therefore, I do not order that the tenant reimburse the filing fee.
[NAME]
19 February 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's claim for garden maintenance was granted for $200, which was considered a reasonable amount for the weeding work.
❌ Tends to be rejected
- The landlord's claim for the full garden invoice was rejected because the tenant was only responsible for a portion of the work.
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 pay $200 from the bond for garden maintenance but dismissed the claim for carpet cleaning.
What was the dispute about?
The dispute was about whether the tenant had left the premises reasonably clean and tidy, specifically regarding the state of the garden and the condition of the carpet.
How did the court decide, and why?
The court decided that the tenant must pay $200 from the bond for garden maintenance because the garden was not left in a reasonably clean and tidy condition. The claim for carpet cleaning was dismissed as the smelly carpet was deemed a pre-existing condition.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 40(1)(e)(ii)-(v) was applied.
What was the argument that mattered most?
The argument that mattered most was the objective assessment of the garden's cleanliness and the determination that the smelly carpet was a pre-existing condition.
Was the decision for or against the person who brought the case?
The decision was partly for and partly against the person who brought the case. The claim for garden maintenance was allowed, while the claim for carpet cleaning was dismissed.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that they must ensure the premises are left reasonably clean and tidy, especially the garden, but they may not be held responsible for pre-existing conditions such as a smelly carpet.
What evidence or documents mattered?
Photographs of the garden taken at the beginning and end of the tenancy, an invoice for garden maintenance, and emails regarding the carpet condition mattered.