Tenant Ordered to Perform Work or Pay Compensation
📌 In brief
The Tenancy Tribunal ruled that the tenant must either fix certain issues with the rental property or pay the landlord a set amount of money. This decision was based on the tenant's failure to comply with their obligations under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant must comply with their obligations under the Residential Tenancies Act 1986.
📖 What the law says
This section outlines a tenant's responsibilities, which include paying rent on time, keeping the property reasonably clean and tidy, and notifying the landlord of any damage or needed repairs. When moving out, the tenant must leave the premises in a reasonably clean and tidy condition and remove all their belongings and rubbish.
This section explains that the Tenancy Tribunal can make various orders when dealing with a claim. These orders can include declaring the rights or obligations of parties, ordering a party to give possession of premises to another, 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 perform specific work or pay compensation to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to either perform specific work to the premises or pay compensation to the landlord for failing to maintain the property according to the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5018728 1
[2025] NZTT 5018728, 5187791
TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The tenant must carry out the following work to the premises, which must be completed by [insert date]:
a. [detail the specific work]
2. As an alternative to compliance with Order 2, the tenant must pay the landlord $ [insert amount] immediately.
3. If the tenant fails to comply with either Order 2 or 3 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $ [insert amount]. These costs may be treated as rent in arrears and enforced accordingly.
Reasons:
1. Both parties attended the hearing.
2. The landlord claims that the tenant [insert brief summary of alleged breach]. The landlord 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.
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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. [insert discussion and findings on tenant’s breaches]
8. [insert findings on amounts to impose for alternative monetary order, if applicable, and limit of charges for landlord to do the work if appropriate]
[NAME]
04 June 2025
__________________________________________________________________________________ 5018728 3
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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant must fix the problem as ordered by the Tribunal.
- The tenant must pay a specific amount of money if they do not complete the work.
- If the tenant fails to comply, the landlord can do the work and charge the tenant for it.
- The costs charged by the landlord for the work will have a set limit.
- The landlord's costs for the work can be treated as overdue rent.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision ordered the tenant to either perform specific work to the premises or pay the landlord a set amount of money.
What was the dispute about?
The dispute was about the tenant's failure to maintain the rental property as required by the Residential Tenancies Act 1986.
How did the court decide, and why?
The court decided that the tenant must either perform the necessary work or pay compensation because the tenant had not met their obligations under the Act.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically sections 40(1)(a)-(e) and 78(1)(e), were applied.
What was the argument that mattered most?
The most important argument was that the tenant had failed to comply with their obligations under the Residential Tenancies Act 1986.
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 comply with their obligations under the Residential Tenancies Act 1986 to avoid facing similar consequences.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that were considered.