Tenant Wins Rent Arrears but Loses Gardening Compensation
📌 In brief
The Tenancy Tribunal ruled in favour of the tenant, ordering the landlord to pay rent arrears but dismissing the claim for compensation related to gardening work.
⚖️ Legal holding
A tenant is entitled to recover rent arrears if supported by evidence, but not entitled to compensation for work done without the tenant's consent.
📖 Technical summary
The claimant successfully recovered rent arrears but failed to obtain compensation for gardening work.
📜 Headnote Official document
The Tenancy Tribunal ruled that the tenant was entitled to recover rent arrears but was not entitled to compensation for gardening work done without the tenant's consent.
📚 Full judgment Official document
__________________________________________________________________________________ 5229991 1
[2025] NZTT 5229991, 5241117
TENANCY TRIBUNAL AT DUNEDIN | TE TARAIPIUNARA RETIHANGA KI ŌTEPOTI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] $6,249.86 immediately, calculated as per the table below:
2. The claim by the landlord for compensation of $420.00 is dismissed.
Description Landlord Tenant Rent arrears to 17/1/2025 $6,222.86 Filing fee reimbursement $27.00 Total award $6,249.86 Total payable by Tenant to Landlord $6,249.86
Reasons:
1. The landlord attended the hearing.
2. Prior to the hearing the tenant advised that she did not wish to appear, either in person or by telephone.
3. The landlord has applied for rent arrears and compensation at the end of the tenancy.
4. The tenancy was originally for a one year fixed term from 1/4/2024.
__________________________________________________________________________________ 5229991 2
5. During the tenancy the term was reduced to end on 17/1/2025, with a weekly rental of $660.00.
6. The landlord provided rent records which prove the amount owing.
7. An award has been made for the rent arrears.
8. In addition, the landlord sought compensation of $420.00 for gardening work and provided a photograph and invoice.
9. The claim for compensation fails because the evidence supports that the gardening was undertaken prior to the end of the tenancy, without the consent of the tenant.
10. In such circumstances the tenant is not liable for the costs of the gardening.
11. As [NAME] has substantially succeeded with the claim I have awarded the filing fee.
J Wilson
05 June 2025
__________________________________________________________________________________ 5229991 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.
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/
__________________________________________________________________________________ 5229991 4
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 provided rent records proving the amount owing.
- The tenant did not contest the rent arrears in person or by telephone.
- The tribunal awarded the filing fee to the landlord as the claim was successful.
❌ Tends to be rejected
- The landlord claimed compensation for gardening work done without the tenant's consent.
- The landlord provided a photograph and invoice for the gardening work, but it was not approved.
- The tenant was not liable for the costs of the gardening work done without their consent.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision ordered the landlord to pay rent arrears but dismissed the claim for compensation related to gardening work.
What was the dispute about?
The dispute was about recovering unpaid rent and obtaining compensation for gardening work done by the landlord.
How did the court decide, and why?
The court decided in favour of the tenant for rent arrears because the evidence supported the claim, but dismissed the compensation claim as the work was done without the tenant's consent.
Which laws or rules were applied?
No specific laws or rules were cited in the decision.
What was the argument that mattered most?
The argument that mattered most was the evidence supporting the rent arrears claim and the lack of consent for the gardening work.
Was the decision for or against the person who brought the case?
The decision was partially for the person who brought the case, as they successfully recovered rent arrears but failed to obtain compensation.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that rent arrears can be recovered if supported by evidence, but compensation for work done without consent may not be granted.
What evidence or documents mattered?
The rent records provided by the landlord and the photograph and invoice for the gardening work mattered in the decision.