Published tribunal order
Tenancy Tribunal case 5432768 — State of repair at 2 Cascade Crescent, Westbrook, Palmerston North 4412
Decided 22 Apr 2026 · Published 22 Apr 2026 · Application 5432768
- State of repair
- Carpet Cleaning
Order
- The tenant must carry out the following work to the premises, which must be completed by Sunday 10 May 2026: a) Mow the lawns; b) Weed and tidy the gardens; c) Remove all rubbish from the property.
- As an alternative to compliance with Order 2, the tenant must pay the landlord $1000.00 immediately.
- 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 $1192.30. These costs may be treated as rent in arrears and enforced accordingly. Attendance:
- The applicant attended the hearing by video link. The respondent did not attend or answer the phone. Background:
- The applicant tells me that they have made this application due to ongoing issues with the respondent's compliance with her obligations under section 40(c) of the Residential Tenancies Act to maintain the premises in a reasonably clean and tidy condition.
- Over a prolonged period, the respondent has repeatedly failed to maintain the lawns and exterior of the property, resulting in overgrown grass, accumulation of rubbish, and ongoing complaints from members of the public and neighbouring properties. These issues have posed safety risks, including obstruction of footpaths and potential fire and vermin hazards, and have negatively affected the neighbours' enjoyment of their properties.
- The applicant's evidence establishes a history of complaints received consistently since at least 2013, and more frequently in recent years. The concerns raised have remained largely the same: overgrown lawns, hazards to the public, and deterioration of the property's exterior condition.
- There is a clear pattern whereby the respondent will undertake some remedial work following contact or intervention, but this compliance is short-lived. The property then returns to a state of non-compliance, with lawns becoming overgrown and rubbish accumulating again.
- The applicant's evidence is that extensive steps have been taken to support the respondent to sustain her tenancy and meet her obligations. These have included direct engagement, repeated follow-ups, and offers of practical assistance such as lawn mowing and rubbish removal.
- In 2021, a one-off lawn mowing service was arranged to bring the property to an acceptable standard, with the respondent encouraged to maintain it thereafter. Referrals to support services have also been offered, and alternative housing options better suited to the respondent's mobility limitations have been discussed.
- Despite these efforts, the respondent has not consistently engaged with the assistance offered and has declined or limited the support available to her.
- Formal compliance steps have been taken, including the issuing of multiple breach notices and 14-day notices.
- In October 2025, a 14-day notice required the respondent to mow the lawns and clear the berm and fence line, with warning of Tribunal action if not completed.
- Following continued issues, a further 14-day notice was issued in January 2026 requiring removal of rubbish, tidying of gardens, and further lawn maintenance.
- Despite these notices, compliance has not been sustained, and significant areas of the property, particularly the rear section, remain overgrown and untidy.
- The applicant says that all reasonable approaches have been attempted and that their preference remains sustained compliance rather than enforcement action.
- However, the pattern of repeated short-term compliance followed by relapse has led the applicant to seek orders from the Tribunal. Orders are sought requiring the respondent to comply with her obligations under section 40(c) and, if she fails to do so, authorising them to carry out the necessary works at the respondent's cost.
- The applicant advises that should these issues continue, they may seek termination of the tenancy. Analysis and Decision:
- The respondent did not attend the hearing or participate in the process. Issues of this nature are more likely to be resolved where both parties engage in a sustainable solution. The respondent's lack of participation places her tenancy at increased risk.
- I have viewed the photographs of the property. While I acknowledge that some steps have been taken to reduce the length of the grass, there remains a significant amount of rubbish and overgrown areas.
- I am satisfied that the respondent has failed to comply with her obligations under section 40(c) of the Residential Tenancies Act. Accordingly, pursuant to section 78(1)(e), a work order is made requiring the respondent to bring the premises to a reasonably clean and tidy condition by [date].
- This work order is not made by consent of both parties. Pursuant to sections 78(2) and 78(2AA), a monetary order is therefore also made as an alternative to compliance with the work order, in the sum of $1000.00
- Should the respondent fail to comply with the work order and the alternative monetary order, the applicant is authorised pursuant to sections 78(2AAB) and 78(2AAC)(a) to carry out the necessary works and charge the respondent the costs of doing so, up to a maximum of $1192.30. Those costs may be treated as rent in arrears and enforced accordingly.
- The respondent is on notice that should further notices be issued and not complied with, termination of the tenancy is a real risk if the matter returns to the Tribunal. H Ben Fayed 22 April 2026