Published tribunal order
Tenancy Tribunal case 5474389 — Tenancy dispute at 8 Edelweiss Grove, Timberlea, Upper Hutt 5018
Decided 9 June 2026 · Published 9 June 2026 · Application 5474389
Mixed / unclear
Order
- The tenant must tidy the lawns at the premises and the berm outside the premises to a reasonably tidy standard within 21 days of the date of this order.
- As an alternative to compliance with Order 1, the tenant must pay the landlord $1,000.00 immediately.
- If the tenant fails to comply with either Order 1 or Order 2 then the landlord may undertake the work and charge the tenant the costs of this work up to a maximum of $1,000.00. These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- Ms Smith attended the hearing for the landlord which was held by way of videoconference. The tenant was phoned on the number provided but the call went to voicemail.
- I am satisfied that the tenant is in breach of her obligations in section 40(1) of the Residential Tenancies Act 1986 (the Act) by not keeping the lawns (front, back, and berm) reasonably tidy. I consider it appropriate here to make an order for the tenant to carry out the lawn tidying work: section 78(1)(e) of the Act.
- Where, as here, 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: sections 78(2) and 78(2AA) of the Act. The landlord provided evidence to support the estimated cost of between $900.00 and $1,000.00 to have the lawns tidied. Given the length of the lawns, the work is likely to include slashing the grass, clearing it, and then mowing the lawns.
- If the tenant fails to tidy the lawns within the time specified or does not pay the alternative monetary order, being the maximum estimated costs to have the lawns tidied, then the landlord may undertake the work and claim the costs of doing the work up to the monetary limit of $1,000.00: sections 78(2AAB) and 78(2AAC)(a) of the Act.