Published tribunal order
Tenancy Tribunal case 5423790 — Rent arrears at 29 Glynne Crescent, Spreydon, Christchurch 8024
Decided 5 February 2026 · Published 5 February 2026 · Application 5423790
Mixed / unclear
- Rent arrears
Order
- The tenant must carry out the following work at the premises, which must be completed by Friday 27 February 2026. a. Remove all exterior rubbish and mow the overgrown lawns
- As an alternative to compliance with Order 2, the tenant must pay the landlord $1,800.00 immediately after 27 February 2026.
- 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 $1,800.00 after 27 February 2026. These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- Ms Rea represented the landlord. The tenant did not attend the hearing.
- The landlord has proved that the tenant has failed to remove rubbish and to mow the overgrown lawns which are a fire hazard. The landlord wants the problem fixed.
- A tenant has specific obligations in relation to the tenancy premises 1 .
- Where the Tribunal finds that 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 2 .
- If the work order is not being made with the consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order on a case such as this.
- 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 3 .
- Ms Rea gave evidence that the estimated cost of the work if the landlord were required to do it would be $1,800.00.
- The tenant has failed to comply with her statutory responsibility to keep the premises reasonably tidy 4 .
- The tenant should be aware that if she fails to do the work and fails to pay the money ordered, the landlord may have the work done and charge her for it as though the amount was rent arrears (up to the stated amount).
- The tenant might be able to seek assistance from WINZ to get a skip for the rubbish and for assistance to have the lawns mowed. She should take this order with her if she wishes to seek WINZ assistance. 1 See section 40(1)(a)-(e) Residential Tenancies Act 1986 (RTA) 2 See section 78(1)(e) RTA 3 See sections 78(2AAB) and 78(2AAC)(a) RTA 4 See section 40(1)(c ) RTA
- The Tribunal observes that the section where these premises are located is very big. The tenancy might not be the most appropriate one for this tenant. That is something for the parties to consider.
- The landlord did not seek reimbursement of the filing fee.