Tribunal Orders Tenant to Clean Property or Face Penalties
📌 In brief
The Tenancy Tribunal ruled that the tenant must clean up their rental property by removing all rubbish inside and outside, including in the garden shed, and maintain lawns and fence lines. If they fail to do so by the deadline, the landlord can charge them up to $3000 for the work.
⚖️ Legal holding
A tenant must keep their rental property reasonably clean and tidy as per section 40(1) of the Residential Tenancies Act 1986.
📖 What the law says
This section states that a tenant has several responsibilities, including keeping the rental property reasonably clean and tidy during their tenancy. It also requires them to leave the property in a reasonably clean and tidy condition and remove all rubbish when they move out.
This section outlines the types of orders the Tenancy Tribunal can make. These orders can include declarations about rights or obligations, orders for a party to give possession of a property, or orders for a party to pay money.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to clean and maintain the property by a certain date, imposing financial penalties if they fail.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to remove all rubbish and maintain lawns by a specified date, imposing financial penalties if not complied with. The decision was based on the tenant's failure to keep the property reasonably clean and tidy.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5479490
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 30 June 2026
a. Remove all whiteware items and other rubbish from the property including any in the garden shed
b. Mow and weed eat the lawns and fence lines.
2. If the tenant fails to comply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $3000.00 These costs may be treated as rent in arrears and enforced accordingly.
Reasons:
1. The landlord attended the hearing. The Tenant failed to attend.
2. The landlord claims that the tenant failed to keep the property reasonably clean and tidy. 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. The Tenant failed to keep the property clean and tidy by having extensive rubbish inside and outside of the property and allowing the lawns to become overgrown and weeds. The landlord provided photographs of the property which showed there was overgrown grass, whiteware, a lounge suite, bike frames and rubbish that needed removing. The Landlord also provided 14-day breach notices given previously to the Tenant for this issue.
8. From the photographs and inspection reports provided, I find the Tenant has failed to keep the property and lawns in a reasonably clean and tidy condition. The Landlord has submitted this work could cost the Tenant up to $3000.00 to remedy if the Tenant fails to do the work by 30 June 2026. The Landlord will charge up to this amount if they undertake it or organise a third party to do so.
[NAME]
03 June 2026
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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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Filing Fees in Tenancy Dispute
- Tenancy Tribunal Tenancy Terminated Due to Abandonment and Rent Arrears
- Tenancy Tribunal Tenancy Terminated Due to Tenant’s Absence at Hearing
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Arrears and Rates
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Filing Fee
- Tenancy Tribunal Tenant’s Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Fees
- Tenancy Tribunal Tenancy Tribunal Ends Lease for Unpaid Rent
- Tenancy Tribunal Tenants Ordered to Pay $2,186.94 for Rent Arrears and Costs
- Tenancy Tribunal Tenancy Tribunal Rules Tenant Must Keep Property Clean and Register Pets
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant kept the rental property reasonably clean and tidy.
- The tenant complied with reasonable conditions set by the landlord regarding pets, such as keeping common areas clean.
- The tenant paid rent on time and did not accumulate arrears.
- The tenant attended all required hearings and responded to notices correctly.
- The tenant left the premises in a clean state, removed all rubbish, and returned keys and security devices upon termination.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must clean their rental property or face financial penalties.
Who was involved?
A tenant and a landlord were involved in the dispute.
How did the court decide, and why?
The Tribunal found that the tenant failed to keep the property reasonably clean and tidy as required by law.
Which laws or rules were applied?
Section 40(1) of the Residential Tenancies Act was used to determine the tenant's obligations.
What was the argument that mattered most?
The landlord provided evidence showing the property was not kept clean and tidy, leading to the order.
Was the decision for or against the person who brought the case?
It was in favour of the landlord.
What does this mean for someone in a similar situation?
Tenants must keep their rental property reasonably clean and tidy; failure can result in penalties.
What evidence or documents mattered?
Photographs showing the state of the property were crucial.
Can a decision like this be appealed?
Yes, but only if there was a substantial wrong or miscarriage of justice.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer.