Published tribunal order
Tenancy Tribunal case 5419650 — Property damage at 53C Otaika Road, Raumanga, Whangarei 0110
Decided 26 Mar 2026 · Published 26 Mar 2026 · Application 5419650
- Property damage
Order
- The tenant must carry out the following work to the premises, which must be completed by 9 April 2026: a. Repair the damaged exterior cladding by the front door. b. Remove all exterior rubbish. c. Mow lawns, trim edges and tidy gardens.
- If the tenant fails to comply with Order 2 above, then the landlord may undertake the work and charge the tenant the costs of this work as follows: a. Repair exterior cladding and paint - $84.51. b. Lawn mowing, rubbish removal and tip fees - $1,326.00. These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- On 22 December 2025 the landlord filed an application seeking a work order requiring the tenant to repair damaged cladding, remove all exterior rubbish and mow the lawns.
- The hearing proceeded by way of video conference. Mr Alex Temu, Senior Tribunal Adviser, appeared for the landlord. The tenant did not appear. The Tribunal was satisfied the tenant was properly served with the notice of hearing and the case proceeded in their absence. History of the claim
- The matter was first called on 12 February 2026.
- At that hearing the tenant acknowledged breaching the terms of their tenancy agreement by failing to keep the property reasonably clean and tidy and free from rubbish. The tenant advised they had an appointment, that morning, with WINZ for a grant to purchase a lawn mower and line trimmer. The tenant said that the purchase of these items will enable them to maintain the exterior of the property in reasonably clean and tidy condition in accordance with their tenancy obligations.
- At the tenant’s request the hearing was adjourned to allow them to attend their WINZ appointment.
Should the Tribunal make a work order?
- The landlord claims that the tenant has: a. Damaged the exterior cladding by the front door and provided pictures showing the damage. b. Failed to keep the property free from rubbish and provided photographs showing an amount of household rubbish, an old mattress, shopping trolleys, plastic buckets, old toys, piles of wood and other items discarded throughout the garden; and c. Has failed to keep the lawn reasonably clean and tidy and provided photographs showing the lawns to be significantly overgrown. The landlord wants the problem fixed.
- Under section 40(1)(a)-(e), Residential Tenancies Act 1986, a tenant has specific obligations in relation to the tenancy premises.
- 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.
- 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.
- 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?
- The tenant has previously accepted failing to maintain the property in a reasonably clean and tidy condition free from rubbish.
- The landlord provided photographs, taken on 24 March 2026 which prove the condition of the property has not improved, but deteriorated, since the application was first filed. I am satisfied that the length of the lawns present as a fire risk and the rubbish could potentially cause a problem with vermin. I am also satisfied that the tenant has damaged the exterior cladding. The landlord is justified in wanting the tenant to rectify the situation. Accordingly a work order is made. Should the tenant fail to comply with the work order then the landlord can undertake the work and recover the costs from the tenant in the amounts specified. Other matters
- Despite being wholly successful the landlord did not seek reimbursement of the filing fee.
- The landlord did not seek name suppression.