How much money was awarded in case 5142813?

Work Up To: $3,000.00 awarded to landlord

What type of tenancy dispute was case 5142813?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 5142813?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11758441-Tribunal_Order.pdf.

How much money was awarded in case 5142813?

Work Up To: $3,000.00 awarded to landlord

What type of tenancy dispute was case 5142813?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 5142813?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11758441-Tribunal_Order.pdf.

99 Paihia Road, One Tree Hill, Auckland 1061 Tenancy Tribunal Case 5142813 — Healthy homes

Q: What was Tenancy Tribunal case 5142813 about?

The tribunal order states: The tenant must mow the lawns so that they are reasonably tidy. The work must

Order

Claims and awards in Tenancy Tribunal application 5142813. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
work up to	$3,000.00		work up to

The tenant must mow the lawns so that they are reasonably tidy. The work must be completed by Friday 2 May 2025.

As an alternative to compliance with Order 1, the tenant must pay the landlord $2,800.00 immediately.

If the tenant fails to comply with either Order 1 or 2 above, then the landlord may undertake the work and charge the tenant the reasonable costs of this work up to $3,000.00. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

Both parties attended the hearing on 17 April 2025. The tenant was given until 24 April 2025 to provide the documentation she indicated she wished to file at the hearing. No documents were received.

The landlord has applied for a work order requiring the tenant to tidy the gardens. A notice to remedy was issued on 29 November 2024.

The tenancy agreement does not explicitly provide that it is the tenant’s obligation to mow the lawns and maintain the gardens. However, there is a general obligation on tenants under the Residential Tenancies Act 1986 (the Act) to keep the premises reasonably tidy. “Premises” includes any part of the premises including land.

The landlord’s photographs, taken in January 2025, show very overgrown lawns at the front and rear of the premises. The landlord said the lawns were previously overgrown in February 2024 and the landlord on-charged this cost to the tenant.

The tenant said the main sewer line runs through the back garden and overflows every winter. She mentioned that the landlord had excavated part of the lawn to fix the pipes. The tenant said the landlord had not maintained the lawns property when she moved in, and as a result there were fast-growing weeds. The tenant said there was a Healthy Homes Assessment report from December 2024 that she wanted to provide.

Without further information, it is not possible to understand how the sewer line relates to the overgrown condition of the lawns. The photographs do not show that the lawns are only overgrown in certain areas. I find that the tenant is in breach of her obligations under the Act by not keeping the lawns reasonably tidy.

The Tribunal may make an order for the tenant to carry out the work. 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. 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 fails 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.

The landlord provided a quote indicating that cutting the lawns will cost between $2,600.00 to $3,000.00 based on the photographs. Taking the mid-point of this estimate, the tenant may pay the landlord $2,800.00 instead of complying with the work order. If the tenant fails to comply with the work order and alternative monetary order, the landlord is authorised to do the work and charge the tenant the cost up to $3,000.00.

Claims and awards in Tenancy Tribunal application 5142813. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
work up to	$3,000.00		work up to

Order

The tenant must mow the lawns so that they are reasonably tidy. The work must be completed by Friday 2 May 2025.
As an alternative to compliance with Order 1, the tenant must pay the landlord $2,800.00 immediately.
If the tenant fails to comply with either Order 1 or 2 above, then the landlord may undertake the work and charge the tenant the reasonable costs of this work up to $3,000.00. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

Both parties attended the hearing on 17 April 2025. The tenant was given until 24 April 2025 to provide the documentation she indicated she wished to file at the hearing. No documents were received.
The landlord has applied for a work order requiring the tenant to tidy the gardens. A notice to remedy was issued on 29 November 2024.
The tenancy agreement does not explicitly provide that it is the tenant’s obligation to mow the lawns and maintain the gardens. However, there is a general obligation on tenants under the Residential Tenancies Act 1986 (the Act) to keep the premises reasonably tidy. “Premises” includes any part of the premises including land.
The landlord’s photographs, taken in January 2025, show very overgrown lawns at the front and rear of the premises. The landlord said the lawns were previously overgrown in February 2024 and the landlord on-charged this cost to the tenant.
The tenant said the main sewer line runs through the back garden and overflows every winter. She mentioned that the landlord had excavated part of the lawn to fix the pipes. The tenant said the landlord had not maintained the lawns property when she moved in, and as a result there were fast-growing weeds. The tenant said there was a Healthy Homes Assessment report from December 2024 that she wanted to provide.
Without further information, it is not possible to understand how the sewer line relates to the overgrown condition of the lawns. The photographs do not show that the lawns are only overgrown in certain areas. I find that the tenant is in breach of her obligations under the Act by not keeping the lawns reasonably tidy.
The Tribunal may make an order for the tenant to carry out the work. 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. 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 fails 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.
The landlord provided a quote indicating that cutting the lawns will cost between $2,600.00 to $3,000.00 based on the photographs. Taking the mid-point of this estimate, the tenant may pay the landlord $2,800.00 instead of complying with the work order. If the tenant fails to comply with the work order and alternative monetary order, the landlord is authorised to do the work and charge the tenant the cost up to $3,000.00.

Tenancy Tribunal case 5142813 — Healthy homes at 99 Paihia Road, One Tree Hill, Auckland 1061

At a glance

Tenancy Tribunal case 5142813 — Healthy homes at 99 Paihia Road, One Tree Hill, Auckland 1061

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions